Madras High CourtCRL OP(MD)/11576/2015disposed of

Ponmudi v. The Inspector Of Police

2015-07-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2015

CORAM:

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.11576 of 2015

1. Ponmudi

2. Shanthi

3. Pon Jegan Karthik ... Petitioners/Accused 1 to 3 Vs.

The State of Tamilnadu, represented by the Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

(Crime No.68 of 2015).

... Respondent/Complainant Prayer:- Criminal Original Petition is filed under Section 439(1)(b) of the Code of Criminal Procedure, to call for the records in Crl.M.P.No.4139 of 2015 from the learned Sessions Judge, Madurai and set aside the condition that (i) in the event of arrest the petitioners are ordered to be released on bail on their executing a bond for Rs.10,000/- along with two sureties for a like sum each to the satisfaction of Judicial Magistrate, Additional Mahila Court, Madurai and the petitioners shall abide by the conditions stipulated under Sections 438 (2)(i)(ii) and (iii) of Cr.P.C. and on condition that the petitioners should appear and sign before the respondent police daily at 10.00 a.m. for a period of 15 days, (ii) The petitioners shall surrender before the concerned Court within 10 days from the date of order failing which the bail shall stand cancelled", imposed in Crl.M.P.No.4139 of 2015 by order dated 15.06.2015.

For Petitioners : Mr.R.Srinivasan For Respondent : Mr.K.V.Rajarajan Govt. Advocate (Crl.side)

O R D E R

This petition is filed seeking modification of the condition imposed by the Principal Sessions Judge, Madurai in Crl.M.P.No.4139 of 2015 dated 15.06.2015.

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2. The learned Principal Sessions Judge, Madurai, while granting anticipatory bail to the petitioners, directed them to furnish each two sureties to the satisfaction of the Judicial Magistrate - Additional

Mahila Court, Madurai and also directed them to appear before the respondent police daily at 10.00 a.m. for a period of 15 days.

3. The learned counsel for the petitioners submitted that the second petitioner is working as a Block Development Officer at Theni District and the third petitioner is working in IT field at Bangalore and therefore, the petitioners find difficulties to comply the condition. It is further submitted that the first accused was already arrested and released on bail by the Additional Mahila Court, Madurai in Crl.M.P.No.1973 of 2015 on 12.06.2015.

4. Heard the learned Government Advocate (Crl.side).

5. Considering the fact that the petitioners are in-laws of the de-facto complainant and the prime accused was already arrested and released on bail, this Court is inclined to modify the condition and the petitioners are directed to furnish two common sureties to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Madurai and also report before the respondent police as and when required.

This Criminal Original Petition is disposed of accordingly. Sd/- Asst. Registrar( ) /Trye copy/ Sub Asst. Registrar To 1.The Sessions Judge, Madurai.

2.The Judicial Magistrate, Additional Mahila Court, Madurai.

3. The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+.1cc. To R. Srinivasan Advocate Sr.35749 akv SB:9/7/2015 6C Crl.O.P.(MD).No.11576 of 2015 02.07.2015 https://hcservices.ecourts.gov.in/hcservices/