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Madras High CourtCRL OP(MD)/21276/2014modified

Thangadurai v. The Sub Inspector Of Police

2015-01-05Honourable Mr Justice C. T. Selvam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2015

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.OP(MD) Nos.21276 to 21278 of 2014 Crl.O.P(MD)No.21276 of 2014 Thangadurai .. Petitioner Vs.

1.The Sub-Inspector of Police, Tiruchendur Police Station, Tiruchendur, Thoothukudi District.

(Crime No.553 of 2013) 2.The Sub-Inspector of Police, Tiruchendur Police Station, Tiruchendur, Thoothukudi District.

(Crime No.12 of 2014) 3.The Sub-Inspector of Police, Tiruchendur Police Station, Tiruchendur, Thoothukudi District.

(Crime No.40 of 2014) .. Respondents to modify the condition directing the Petitioner to execute a bond for Rs.10,000/- with two sureties for the said like sum as imposed in Cr.M.P.No.2096 of 2014, dated 12.08.2014, Cr.M.P.No.2042 of 2014, dated 08.08.2014 and Cr.M.P.No.2095 of 2014, dated 12.08.2014 on the file of the Learned Principal Sessions Judge, Thoothukudi, Thoothukudi District by permitting the Petitioner to execute common sureties for the above said cases in the jurisdictional Court viz., Learned Judicial Magistrate, Tiruchendur.

Crl.O.P(MD)No.21277 of 2014 Thangadurai .. Petitioner vs.

1.The Sub-Inspector of Police, Thoothukudi Central Police Station, (Crime No.17 of 2013) 2.The Sub-Inspector of Police, Thoothukudi Central Police Station, (Crime No.332 of 2013).

3.The Sub-Inspector of Police, Thoothukudi Central Police Station, (Crime No.357 of 2013).

4.The Sub-Inspector of Police, Thoothukudi North Police Station, (Crime No.465 of 2012).

5.The Sub-Inspector of Police, Thoothukudi North Police Station, (Crime No.272 of 2013).

6.The Sub-Inspector of Police, Thoothukudi North Police Station, (Crime No.527 of 2103). .. Respondents. to modify the condition directing the Petitioner to execute a bond for Rs.10,000/- with two sureties for the said like sum as imposed in Cr.M.P.No.4063 of 2014, dated 14.07.2014, Cr.M.P.No.4064 of 2014, dated 14.07.2014, Cr.M.P.No.4792 of 2014, dated 12.08.2014, Cr.M.P.No.4791 of 2014, dated 12.08.2014, Cr.M.P.No.5736 of 2014, dated 24.09.2014 and Cr.M.P.No.4790 of 2014, dated 12.08.2014 on the file of the Learned Judicial Magistrate No.II, Thoothukudi by permitting the Petitioner to execute common sureties for the above said cases. Crl.O.P(MD)No.21278 of 2014 Thangadurai .. Petitioner vs.

1.The Sub-Inspector of Police, Thoothukudi South Police Station, (Crime No.20 of 2013).

2.The Sub-Inspector of Police, Thoothukudi South Police Station, (Crime No.324 of 2013).

3.The Sub-Inspector of Police, Thoothukudi South Police Station, (Crime No.643 of 2012).

4.The Sub-Inspector of Police, Thoothukudi South Police Station, (Crime No.988 of 2012).

5.The Sub-Inspector of Police, Thoothukudi South Police Station, (Crime No.809 of 2012).

6.The Sub-Inspector of Police, Thoothukudi South Police Station, (Crime No.211 of 2013).

7.The Sub-Inspector of Police, Thoothukudi South Police Station, (Crime No.138 of 2014).

8.The Sub-Inspector of Police, Thoothukudi South Police Station, (Crime No.247 of 2013).

9.The Sub-Inspector of Police, Thoothukudi South Police Station, (Crime No.882 of 2012).

10.The Sub-Inspector of Police, Thoothukudi South Police Station, Thoothukudi, Thoothukudi District, (Crime No.762 of 2012) .. Respondents to modify the condition directing the petitioner to execute a bond for Rs.25,000/- with two sureties for the said like sum as imposed in Cr.M.P.No.3914 of 2014, dated 22.07.2014, Cr.M.P.No.3915 of 2014, dated 22.07.2014, Cr.M.P.No.3916 of 2014, dated 22.07.2014, Cr.M.P.No.3917 of 2014, dated 22.07.2014, Cr.M.P.No.3918 of 2014, dated 22.07.2014, Cr.M.P.No.3919 of 2014, dated 22.07.2014, Cr.M.P.No.4202 of 2014, dated 07.08.2014, Cr.M.P.No.4203 of 2014, dated 07.08.2014, Cr.M.P.No.4204 of 2014, dated 07.08.2014 and Cr.M.P.No.4205 of 2014, dated 07.08.2014 on the file of the learned Judicial Magistrate No.I, Thoothukudi by permitting the Petitioner to execute common sureties for the above said cases.

(In All Crl.O.Ps) For Petitioner :: Mr.A.Thiruvadi Kumar For Respondents :: Mr.K.V.Rajarajan Govt. Advocate(Crl. Side)

O R D E R

Learned counsel for the petitioner submitted that the petitioner is an accused in the above mentioned 19 cases and he was granted bail by the learned Principal Sessions Judge, Thoothukudi in Cr.M.P.No.2096, 2042 and 2095 of 2014 and by the learned Judicial Magistrate No.II, Thoothukudi in Cr.M.P.No.4063, 4064, 4792, 4791, 5736, 4790 of 2014 by imposing a condition to execute a bond for Rs.10,000/- with two sureties for the like sum and he was granted bail by the learned Judicial Magistrate No.I, Thoothukudi in Cr.M.P.Nos.3914, 3915, 3916, 3917, 3918, 3919, 4202, 4203, 4204, 4205 of 2014 by imposing a condition to execute a bond for Rs.25,000/- with two sureties for the like sum. He

would further submit that the Petitioner had to arrange 38 sureties and it is practically impossible for the Petitioner to execute individual sureties in each crime numbers, due to his poverty. Therefore, the condition imposed on the Petitioner may be modified. 2.Heard the learned counsel for the petitioner and also the learned Government Advocate(Crl. Side).

3. Considering the facts and circumstances of the case, this Court is of the view that the two sureties required in each of the case may be common in all cases. This Court would pass further order of modification to the effect that the Petitioner shall appear before Thoothukudi South Police Station, Thoothukudi, daily twice at 09.00 a.m., and 6.00 p.m., until further orders.

With the above modification, these Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge, Thoothukudi.

2. The Judicial Magistrate, Tiruchendur.

3. The Judicial Magistrate No.I, Thoothukudi.

4. The Judicial Magistrate No.II, Thoothukudi.

5. -Do- Thro The Chief Judicial Magistrate, Thoothukudi.

6. The Sub-Inspector of Police, Tiruchendur Police Station, Tiruchendur, Thoothukudi District. 7.The Sub-Inspector of Police, Thoothukudi Central Police Station, 8.The Sub-Inspector of Police, Thoothukudi North Police Station, 9.The Sub-Inspector of Police, Thoothukudi South Police Station, 10.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.A.THIRUVADI KUMAR, ADVOCATE IN SR : 108 Pm SR : 12.01.2015 : 4p/12c Crl.O.P(MD)Nos.21276 to 21278 of 2014 05.01.2015