Madras High CourtCRL MP(MD)/8343/2016ordered

Ignatius Shahaya Cross v. The Inspector Of Police

2016-09-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL MP(MD) No.8343 of 2016 IN CRL OP(MD) No.14928 of 2016 1 IGNATIUS SHAHAYA CROSS 2 MERLIN ... PETITIONERS/PETITIONERS Vs THE STATE REP. BY THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT, CR NO. 142 OF 2016. RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Modify the order made in Crl. O. P. (MD) NO. 14928 of 2016 on 17.08.

2016 in so far as the Petitioners appearance and produce sureties in any other judicial Magistrate Court in Kanyakumari district instead of Judicial Magistrate Valliyoor and pass such further or other orders as this Honourable Court. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.R.KARANTHA RAJA, Advocate for the petitioners and of Mr.A.P.BALASUBRAMANI, Advocate (Criminal side) on behalf of the Respondent the court made the following order:- This application is filed seeking modification of the condition imposed by this Court in Crl.O.P(MD)No.14928 of 2016, dated 17.08.2016.

2.The learned counsel for the petitioners would submit that the petitioners were granted anticipatory bail by this Court, dated 17.08.2016 on condition that they should furnish the sureties to the satisfaction of the learned Judicial Magistrate, Valliyoor. It is further submitted that the defacto complainant is a practicing Lawyer in Valliyoor Bar and a Resolution was passed by the Bar Association against the accused to the effect that the Advocates of the Bar should not appear for the accused at the time of furnishing the sureties.

https://hcservices.ecourts.gov.in/hcservices/ 3.Heard the learned Government Advocate (Crl.side) appearing

for the respondents.

4.Considering the above submissions this petition is allowed and the petitioners are directed to furnish the sureties to the satisfaction of the learned Judicial Magistrate No.I, Nagercoil. 5.Time is extended by two weeks for executing the sureties from the date on which, the order copy is made ready on condition that the petitioner shall pay a sum of Rs.5,000/- to the Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memorial Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai-20 (Cell No.9994657433), within a period of one week from the date on which the order copy is made ready.

sd/- 09/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, VALLIYOOR.

2. THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE JUDICIAL MAGISTRATE No.1, NAGERCOIL.

4. THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

5. THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

7. THE OFFICER-IN-CHARGE, THE TAMIL NADU HARIJAN SEVAK SANGH, N.M.R.SUBBARAMAN MEMORIAL RESIDENTIAL PRIMARY SCHOOL CAMPUS, 12, Dr.THANGARAJ ROAD, VINAYAGA NAGAR, OPPOSITE TO MADURAI LAW COLLEGE, MADURAI-20.

(CELL No. 9994657433) +1. C.C. to M/S.S.KARTHICK SUBRAMANIAN Advocate SR.No. 51385 ORDER IN CRL MP(MD) No.8343 of 2016 IN CRL OP(MD) No.14928 of 2016 AM Date :09/09/2016 TE/AAL-MPA/SAR-III : 20/09/2016 : 2P/9C (IT) https://hcservices.ecourts.gov.in/hcservices/