Sivamani v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2017
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.14575 of 2017 Sivamani ... Petitioner Vs.
State Represented by the The Inspector of Police, Perungudi Police Station, Madurai District.
(Crime No.273 of 2016) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439(1)(b) of the Code of Criminal Procedure, to modify the condition imposed by the learned Judicial Magistrate No.VI, Madurai order passed in Cr.M.P.No.237 of 2017 dated 27.01.2017 which is pursuant to those orders instead of directions the petitioner is to comply with the surety satisfaction before various Magistrate Court, it may be modify to the effect the sureties satisfaction may be before the learned Judicial Magistrate No.II, Madurai, in all above said cases. Further instead of direction to produce 12 persons to be stood as surety, it may modify to the effect that common sureties of 2 persons for all the said cases and further instead of direction the petitioner to appear before various police station they may be directed to appear before the learned Judicial Magistrate No.II, Madurai.
For Petitioner : Mr.M.Palanivel For Respondent : Mr.K.Anbarasan Government Advocate (Criminal side)
ORDER
This Criminal Original Petition has been filed under Section 439(1)(b) Cr.P.C., to modify the condition imposed on the petitioner by the respective Court by directing the concerned Court, to accept the common sureties.
2.The petitioner in Crime No.273 of 2017 for the offences under Sections 147, 148, 341, 302 and 506(ii) of I.P.C., on the file of the Perungudi Police Station, Madurai District, was in judicial custody for the last 100 days. Bail was granted in the above cases https://hcservices.ecourts.gov.in/hcservices/
by the learned Judicial Magistrate No.VI, Madurai, as per the order in Cr.M.P.No.237 of 2017, dated 27.01.2017, directing the petitioner to execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum.
3.The learned counsel for the petitioner submitted that petitioner is a daily wager and there were no means to the petitioner. If the production of common sureties is not granted to the petitioner, he is no other option, except to remain in custody till the completion of all the criminal cases and he is the only breadwinner of their family members and without the presence of the petitioner, the family will suffer for their livelihood and no one come forward to give sureties to the petitioner and for that only reason, the petitioner cannot able to produce sureties. Hence, the petitioner seeks common sureties in the above cases. 4.
Considering the above facts and circumstances of the case and also the inability of the petitioner herein in furnishing the sureties in each case, the condition already imposed on the petitioner is modified to the effect that the petitioner is directed to execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with one surety for a like sum each to the satisfaction of Judicial Magistrate No.II, Madurai and the said Court is directed to accept the same. The other conditions remain unaltered. Hence, this petition is ordered.
Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To
1. The Judicial Magistrate No.VI, Madurai
2. The Judicial Magistrate No.II, Madurai.
3. The Inspector of Police, Perungudi Police Station, Madurai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
MRN/VSG TE/GT/SAR-I : 09/11/2017 : 3P/5C Crl.O.P.(MD)No.14575 of 2017 30.10.2017 https://hcservices.ecourts.gov.in/hcservices/