M.Ravikumar v. The Assistant Commissioner Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2017
CORAM:
THE HONOURABLE MR. JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)Nos.10363 to 10373 of 2017 M.RAVI KUMAR ... PETITIONER IN ALL CRL.OP'S VS.
STATE REP.BY THE ASSISTANT COMMISSIONER OF POLICE, CITY CRIME BRANCH, TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI DISTRICT.
(CRIME NO.27/2016) ...RESPONDENT IN CRL.OP(MD)NO.10363/2017 STATE REP BY THE ASSISTANT COMMISSIONER OF POLICE, CITY CRIME BRANCH, TIRUCHIRAPALLI CITY, TIRUCHIRAPALLI DISTRICT, (CRIME NO.28/2016) ... Respondent in CRL OP(MD). 10364/ 2017 STATE REP BY THE ASSISTANT COMMISSIONER OF POLICE, CITY CRIME BRANCH, TIRUCHIRAPALLI CITY, TIRUCHIRAPALLI DISTRICT, (CRIME NO.29/2016) ... Respondent in CRL OP(MD). 10365/ 2017 STATE REP BY THE ASSISTANT COMMISSIONER OF POLICE, CITY CRIME BRANCH, TIRUCHIRAPALLI CITY, TIRUCHIRAPALLI DISTRICT, (CRIME NO.30/2016) ... Respondent in CRL OP(MD). 10366/ 2017 STATE REP BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI DISTRICT (CRIME NO.4 OF 2017) ... Respondent in CRL OP(MD). 10367/ 2017
STATE REP BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI DISTRICT (CRIME NO.5 OF 2017) ... Responden in CRL OP(MD). 10368/ 2017 STATE REP BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI DISTRICT (CRIME NO.6 OF 2017) ... Respondent in CRL OP(MD). 10369/ 2017 STATE REP BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI DISTRICT (CRIME NO.7 OF 2017) ... Respondent in CRL OP(MD). 10370/ 2017 STATE REP BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI DISTRICT (CRIME NO.8 OF 2017) ... Respondent in CRL OP(MD). 10371/ 2017 STATE REP BY THE INSPECTOR OF POLICE , CITY CRIME BRANCH, TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI DISTRICT (CRIME NO.9 OF 2017) ... Respondent(s) in CRL OP(MD). 10372/ 2017 STATE REP BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI DISTRICT (CRIME NO.22 OF 2017) ... Respondent in CRL OP(MD). 10373/ 2017
PRAYER IN CRL.OP(MD)No.10363/2017: The Criminal Original Petition filed under Section 439 (1) (b) of Cr.P.C. to modify the condition, directing the petitioner to execute a bond for Rs.10,000/- with two sureties for the said like sum and sureties to be government servants as imposed in Cr.M.P.No.473 of 2017 dated 31.01.2017 on the file of the learned Judicial Magistrate No.II, Tiruchirappalli, Tiruchirapalli District by permitting the petitioner to execute common sureties before the learned Judicial Magistrate No.II, Tiruchirappalli, Tiruchirappalli District. Prayer in CRL OP(MD). 10364/ 2017 :
To MODIFY THE CONDITON directing the Petitioner to execute a bond for Rs. 10,000/- with two sureties for the said like sum and the sureties to be Government servants as imposed in CR. M.P No. 474/2017 dated 31.01.2017 on the file of the Learned J.M No. II Trichirapalli Tiruchirapalli district by permitting the Petitioner to execute COMMON SURETIES before the learned J.M NO. II Tiruchirapalli Tiruchirapalli district and pass such further or other order as this Honourable Court.
Prayer in CRL OP(MD). 10365/ 2017 :
To MODIFY THE CONDITON directing the Petitioner to execute a bond for Rs. 10,000/- with two sureties for the said like sum and the sureties to be Government servants as imposed in CR. M.P No. 475/2017 dated 31.01.2017 on the file of the Learned J.M No. II Trichirapalli Tiruchirapalli district by permitting the Petitioner to execute COMMON SURETIES before the learned J.M NO. II Tiruchirapalli Tiruchirapalli district and pass such further or other order as this Honourable Court.
Prayer in CRL OP(MD). 10366/ 2017 :
To MODIFY THE CONDITON directing the Petitioner to execute a bond for Rs. 10,000/- with two sureties for the said like sum and the sureties to be Government servants as imposed in CR. M.P No. 476/2017 dated 31.01.2017 on the file of the Learned J.M No. II Trichirapalli Tiruchirapalli district by permitting the Petitioner to execute COMMON SURETIES before the learned J.M NO. II Tiruchirapalli Tiruchirapalli district and pass such further or other order as this Honourable Court.
Prayer in CRL OP(MD). 10367/ 2017 :
Cr.M.P.No.2464 of 2017 dated 20.04.2017 on the file of the Learned District by permitting the petitioner to execute Common Sureties
Prayer in CRL OP(MD). 10368/ 2017 :
Cr.M.P.No.2465 of 2017 dated 20.04.2017 on the file of the Learned District by permitting the petitioner to execute Common Sureties Prayer in CRL OP(MD). 10369/ 2017 :
Cr.M.P.No.2466 of 2017 dated 20.04.2017 on the file of the Learned District by permitting the petitioner to execute Common Sureties Prayer in CRL OP(MD). 10370/ 2017 :
Cr.M.P.No.2467 of 2017 dated 20.04.2017 on the file of the Learned District by permitting the petitioner to execute Common Sureties Prayer in CRL OP(MD). 10371/ 2017 :
Cr.M.P.No.2468 of 2017 dated 20.04.2017 on the file of the Learned district by permitting the petitioner to execute common sureties Prayer in CRL OP(MD). 10372/ 2017 :
Cr.M.P.No.2469 of 2017 dated 20.04.2017 on the file of the Learned district by permitting the petitioner to execute common sureties
Prayer in CRL OP(MD). 10373/ 2017 :
Cr.M.P.No.3149 of 2017 dated 23.05.2017 on the file of the Learned district by permitting the petitioner to execute common sureties For Petitioner : Mr.A.Thiruvadi Kumar For Respondent : Mr.A.Raman, Additional Public Prosecutor COMMON ORDER These petitions have been filed to modify the conditions imposed by the Court below directing the petitioner to execute a bond for Rs.10,000/- with two sureties for the said like sum and Government servants sureties and their salary certificate and also identity card in each of the cases.
2.The learned counsel for the petitioner submitted that totally 11 cases have been registered against the petitioner by the Assistant Commissioner of Police, City Crime Branch, Tiruchirappalli City, Tiruchirappalli District and the petitioner was in prison on 26.11.2016 in Crime Nos.27 to 30 of 2016, on 13.02.2017 in Crime Nos.4 to 9 of 2017 and on 02.05.2017 in Crime No.22 of 2017. He also submitted that the petitioner has been granted bail on different dates by the court below from 31.01.2017, 20.04.2017 and 28.05.2017 on condition that the petitioner shall execute a bond for Rs.10,000/- with two sureties for a like sum to the satisfaction of the Court concerned and the sureties should be Government servants, who were directed to submit the copy of their salary certificates and also identity cards in each of the cases.
He further submitted that due to the said conditions imposed by the Court below, the petitioner is not able to furnish 22 Government servant sureties and their salary certificates and also their identify cards and the same is practically impossible and that the petitioner is still in jail and hence, he seeks for modification of condition Nos.1 and 2 imposed by the court below.
3.Heard the learned Additional Public Prosecutor appearing for the respondent.
4.Considering the facts that petitioner is not able to enjoy the bail orders from 31.01.2017 and circumstances of these cases, this Court is inclined to modify the condition Nos.1 and 2 permitting him to furnish common sureties in all cases.
Accordingly, condition Nos.1 and 2 are hereby modified to the effect that the petitioner is directed to execute a bond for Rs.10,000/- with two common sureties in all the present cases for a like sum to the satisfaction of Judicial Magistrate No.2, Tiruchirapalli. These petitions are ordered accordingly. Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Judicial Magistrate No.II, Tiruchirappalli, Tiruchirapalli District.
2.The Assistant Commissioner of Police, City Crime Branch, Tiruchirappalli City, Tiruchirappalli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 4.The Inspector of Police City Crime Branch, Tiruchirappalli City, +One cc to Mr.A.Thiruvadikumar, Advocate, SR.No.71176 nbj RL/6C/6P/MMS/SAR4/11/8/2017 Crl.O.P.(MD)Nos.10363 to 10373 of 2017 08/08/2017