Madras High CourtCRL OP(MD)/12511/2015disposed of

Om Prakash S/O.Jaithan v. The Inspector Of Police

2015-07-06Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2015

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH CRL.O.P.(MD)Nos.12511 & 12512 of 2015 Om Prakash

...Petitioner in both cases

Vs.

1.The Inspector of Police, Amathur Police Station, Virudhunagar District.

(Crime No.3/2014) ... sole Respondent in Crl.O.P.(MD)No.12511 of 2015

2. The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

(Crime No.2/2014) ... sole Respondent in Crl.O.P.(MD)No.12512 of 2015 Common Prayer: Criminal Original Petitions filed under section 482 of the Code of Criminal Procedure, praying to call for the records pertaining to order dated 15.06.2015 passed in Surety Memo in C.C.No.173/2014 in Crime No.3 of 2014 and Surety Memo in C.C.No.194/2014 in Crime No.2 of 2014 on the file of respondent police and set aside the same and consequently direct the learned Magistrate No.II, Virudhunagar to accept the sureties of Suresuh Bahadur S/o.Jog Bahadur and Devan Singh S/o. Kala Singh and to release the petitioner on bail.

For Petitioner : Mr.M.Seenisulthan IN BOTH CRL OP'S For Respondent : Mr. K.Anbarasan Government Advocate (Crl. Side)IN BOTH CRL OP'S C O M M O N O R D E R These petitions have been filed, praying to call for the records pertaining to order dated 15.06.2015 passed in Surety Memo in C.C.No.173/2014 in Crime No.3 of 2014 on the file of respondent police and set aside the same and consequently direct the learned Magistrate No.II, Virudhunagar to accept the sureties of Suresuh Bahadur S/o.Jog Bahadur and Devan Singh S/o. Kala Singh and to release the petitioner on bail.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent and perused the records.

https://hcservices.ecourts.gov.in/hcservices/

3. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that though bail was granted in Crl.M.P.Nos.1605 & 1606 of 2014 by the learned Judicial Magistrate No.II, Virudhunagar, one and a half years back, the petitioner would not come out of the jail as the condition imposed could not be complied.

4. The learned Government Advocate (Crl. Side) submitted that most of the witnesses have been examined and the enquiry will complete within a period of one month.

5. Considering the said factual position instead of considering these petitions this court is inclined to direct the learned Judicial Magistrate No.II, Virudhunagar to complete the trial in C.C.No.173 of 2014 and C.C.No.194 of 2014 within a period of one month from the date of receipt of a copy of this order. If the trial shall not disposed of within the time granted by this court, then the learned Judicial Magistrate No.II, Virudhunagar will have to accept the sureties of Suresuh Bahadur S/o.Jog Bahadur and Devan Singh S/o. Kala Singh and release the petitioner on bail.

6. Accordingly, these Criminal Original Petitions are disposed of.

SD ASST REGISTRAR -AS TRUE COPY SUB ASST REGISTRAR PJL To 1 The Judicial Magistrate No.II, Virudhunagar. 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 1CC TO MR M. SEENIVASAN, ADV SR: 36272 DM 7 7 15 CRL.O.P.(MD)Nos.12511 & 12512 of 2015 https://hcservices.ecourts.gov.in/hcservices/