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Madras High CourtCRL OP(MD)/8059/2015closed

N. Esakkirajan @ Bullet v. The Inspector Of Police

2015-04-27Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.8059 of 2015 N. ESAKKIRAJAN @ BULLET PANDIAN ... PETITIONER Vs.

1 THE INSPECTOR OF POLICE, KADAYAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.411/2014 2 THE SUB-INSPECTOR OF POLICE, ALWARKURICHI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.246/2014 3 THE INSPECTOR OF POLICE, AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.311/2014 4 THE INSPECTOR OF POLICE, PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.208/2014 5 THE INSPECTOR OF POLICE, MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.241/2014 6 THE SUB-INSPECTOR OF POLICE, ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.620/2014 ... RESPONDENTS Prayer: Petition filed under Section 482 of Cr.P.C. praying to modify the conditions imposed by the learned Judicial Magistrate, Ambasamudram, in Cr.M.P.No.907 and 914 and 983 of 2015 vide his order dated 23.02.2015 and 23.02.2015 and 25.02.2013 respectively, and by the learned Judicial Magistrate, Cheranmahadevi, in Cr.M.P.No.815 and 816 of 2015 vide his order dated 02.03.2015 and 02.03.2015 respectively, and by the learned Judicial Magistrate, Tenkasi in Cr.M.P.No.1669 of 2015 vide his order dated 25.02.

2015 respectively, in which pursuant to those orders instead of directing the petitioner to comply with the surety satisfaction before various Magistrate Court, it may be modified to the effect that the sureties satisfaction may be before the learned Judicial Magistrate, Ambasamudram and further instead of directing to make ready 10 persons to be stood as surety, it may be modified to the effect that single pair of sureties and further instead of directing the petitioner to appear before the various police station, he may be directed to appear before the Judicial Magistrate, Ambasamudram so as to comply with the above said orders.

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For Petitioner : Mr.R.Vinoth Bharathi For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The Petitioner seeks to set aside the bail orders given by the Judicial Magistrates of Ambasamudram, Cheranmahadevi and Tenkasi, and to modify the conditions imposed by several sureties which were sought to be insisted upon the petitioner, and hence this petition is filed.

2. The learned Counsel for the petitioner submitted that though, the petitioner was granted bail orders, he was not able to come out from the Judicial custody, for more than five months, because of the condition which should not be complied with.

3. Considering the number of days he was in the judicial custody, by the dictum laid down by the judgment of Supreme Court of India, this Court is inclined to set aside the each separate sureties. Accordingly, the petitioner is permitted to produce two common sureties. The sureties as ordered by the court is to the satisfaction of the learned Judicial Magistrate, Ambasamudram.

4. Similarly, the condition imposed by which the petitioner was asked to appear before different police stations, being imposed to comply with the direction. Accordingly, this court modifies the earlier conditions and direct the petitioner to appear before the Police Station, Alwarkurichi with reference to all these cases,at 10.00 a.m. until further orders.

5. Accordingly, this Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To 1.THE JUDICIAL MAGISTRATE,AMBASAMUDRAM.

2.THE JUDICIAL MAGISTRATE,CHERANMAHADEVI.

3.THE JUDICIAL MAGISTRATE,TENKASI.

4.THE INSPECTOR OF POLICE,KADAYAM POLICE STATION,TIRUNELVELI DISTRICT. 5.THE SUB-INSPECTOR OF POLICE, ALWARKURICHI POLICE STATION, TIRUNELVELI DISTRICT. 6.THE INSPECTOR OF POLICE, AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT. 7.THE INSPECTOR OF POLICE,PAPPAKUDI POLICE STATION,TIRUNELVELI DISTRICT. 8.THE INSPECTOR OF POLICE,MUKKUDAL POLICE STATION,TIRUNELVELI DISTRICT. 9.THE SUB-INSPECTOR OF POLICE, ALANGULAM POLICE STATION,TIRUNELVELI DISTRICT. 10.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to Mr.R.Vinoth Bharathi, Advocate, SR.No.22278 Crl.O.P.(MD).No.8059 of 2015 pjl 27.04.2015 PA/28.04.2015/2P/12C (IT) https://hcservices.ecourts.gov.in/hcservices/