Sankar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH Crl.M.P.(MD) Nos.1577, 1578, 1579, 1580, 1581, 1582, 1583, 1584 & 1585 of 2016 in Crl.O.P.(MD).Nos.2531, 2532, 2533, 2534, 2535, 2536, 2537, 2538 & 2539 of 2016 respectively 1 SANKAR ... PETITIONER/ACCUSED No. 1 IN CRL.MP(MD)NO.1577 to 1585 of 2016 IN CRL OP(MD) No.2531 to 2539 of 2016 2 CHANDRASEKARAN ... PETITIONER/ACCUSED No. 2 IN CRL.MP(MD)NO. 1577,1578 1579 and 1581,1582,1583 and 1584 of 2016 IN CRL OP(MD)NO.2531 to 2533 and 2535 to 2539 of 2016 - Vs. - THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMNAD.
CR.NO.367/2014 in CRL OP(MD). 2531/ 2016 CR.NO. 86/2015 in CRL OP(MD). 2532/ 2016 CR.NO. 104/15 in CRL OP(MD). 2533/ 2016 CR.NO. 209/15 in CRL OP(MD). 2537/ 2016 CR.NO. 355/15 in CRL OP(MD). 2538/ 2016 CR.NO. 462/15 in CRL OP(MD). 2539/ 2016 ... RESPONDENT/DEFACTO COMPLAINANT IN CRL MP(MD)Nos.1577,1578,1579,1583,1584 and 1585 of 2016 CRL OP(MD)NOS.2531 TO 2533 AND 2537 TO 2539/2016 THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, RAMNAD DISTRICT.
CRIME NO. 109 OF 2014 in CRL OP(MD). 2534/ 2016 CRIME NO. 134 OF 2015 in CRL OP(MD). 2535/ 2016 CRIME NO. 137 OF 2015 in CRL OP(MD). 2536/ 2016 ... RESPONDENT/DEFACTO COMPLAINANT IN CRL.M.P(MD)Nos.1580,1581 and 1582 of 2016 CRL OP(MD)NOS.2534 TO 2536 OF 2016.
COMMAN PREYERS:
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modifying the condition imposed by this Honourable Court in
Crl.O.P.Nos.2531 to 2539 of 2016 dated 11.02.2016 and permit the petitioner to submit sureties of their relatives respectively. Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S V.S.KUMARAGURU, Advocate for the petitioner in all the cases, and of MR.C.MAYIL VAHANA RAJENDRAN,Additional Public Prosecutor on behalf of the Respondents in all the cases, the court made the following order:- On 11.02.2016, this Court has granted bail to the petitioners on the following conditions:
"3. Taking into consideration the nature of allegations made against these petitioners and the fact that there is no pervious case apart from these cases, this Court is of the view that these are all fit cases to grant bail to the petitioners. Accordingly, they are ordered to be released on bail, subject to the following conditions: (i) each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two common sureties of their respective parents and in the absence of anyone of their parents, their wives should stand as sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Paramakudi.
(ii) the petitioners shall report before the learned Judicial Magistrate, Paramakudi, daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.
(iv) the petitioners shall not abscond either during investigation or trial.
(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]."
2. The learned counsel for the petitioners has submitted that the fathers of the petitioners herein do not have any title deeds and therefore he seeks for modification.
3. Taking into consideration the fact that the petitioners' fathers have no title deeds, this Court is inclined to direct the learned Judicial Magistrate, Paramakudi, not to insist upon any
document from the fathers of the petitioners herein. As regards the second surety is concerned, one of their brothers are willing to stand as surety. This may also be accepted by the learned Judicial Magistrate.
4. The criminal miscellaneous petitions are disposed of with the above modifications.
sd/- 19/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE PARAMAKUDI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, RAMNAD DISTRICT.
4 THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMNAD.
5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+9. C.C. to M/S V.S.KUMARAGURU Advocate SR.No.9852
ORDER
IN Crl.M.P.(MD) Nos.1577, 1578, 1579, 1580, 1581, 1582, 1583, 1584 & 1585 of 2016 in Crl.O.P.(MD).Nos.2531, 2532, 2533, 2534, 2535, 2536, 2537, 2538 & 2539 of 2016 respectively Date :19/02/2016 RG.NGM-SS/SAR-I 19/02/2016 3P:15C