Vishnu @ Venkatesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6112,6567,6568,6569,6709 and 6710 of 2016 1 VISHNU @ VENKATESH 2 SOORIYA NARAYANAN ... PETITIONERS/PETITIONERS IN ALL THE PETITIONS.

Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THIRUCHENDUR TEMPLE POLICE STATION, THOOTHUKUDI DISTRICT.

CR NO.294/2015 IN CRL OP(MD) No.6112 OF 2016 CR NO.155/2015 IN CRL OP(MD) No.6567 OF 2016 CR NO.352/2015 IN CRL OP(MD) No.6568 OF 2016 CR NO.232/2015 IN CRL OP(MD) No.6569 OF 2016 CR NO.250/2015 IN CRL OP(MD) No.6709 OF 2016 CR NO.41/2015 IN CRL OP(MD) No.6710 OF 2016 ... RESPONDENT / COMPLAINANT.

Prayer in CRL OP(MD). 6112/ 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith. The High Court will be pleased to call for the entire records and set aside an order passed by the Principal Sessions Judge, Thoothukudi dated 10.03.2016 in Cr.M.P.No. 798 of 2016 by confirming the order dated 11.02.2016 in Crl.M.P.No. 1126 of 2016 on the file of the Learned Judicial Magistrate, Thiruchendur and modify the condition imposed therein.

Prayer in CRL OP(MD). 6567/ 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith. The High Court will be pleased to call for the entire records and set aside an order passed by the Principal Sessions Judge, Thoothukudi dated 10.03.2016 in Cr.M.P.No. 801 of 2016 by confirming the order dated 11.02.2016 in Crl.M.P.No. 1130 of 2016 on the file of the Learned Judicial Magistrate, Thiruchendur and modify the condition imposed therein.

Prayer in CRL OP(MD). 6568/ 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith. The High Court will be pleased to call for the entire records and set aside an order passed by the Principal

Sessions Judge, Thoothukudi dated 10.03.2016 in Cr.M.P.No. 800 of 2016 by confirming the order dated 11.02.2016 in Crl.M.P.No. 1129 of 2016 on the file of the Learned Judicial Magistrate, Thiruchendur and modify the condition imposed therein.

Prayer in CRL OP(MD). 6569/ 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith. The High Court will be pleased to call for the entire records and set aside an order passed by the Principal Sessions Judge, Thoothukudi dated 10.03.2016 in Cr.M.P.No. 796 of 2016 by confirming the order dated 11.02.2016 in Crl.M.P.No. 1124 of 2016 on the file of the Learned Judicial Magistrate, Thiruchendur and modify the condition imposed therein.

Prayer in CRL OP(MD). 6709/ 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith. The High Court will be pleased to call for the entire records and set aside an order passed by the Principal Sessions Judge, Thoothukudi dated 10.03.2016 in Cr.M.P.No. 797 of 2016 by confirming the order dated 11.02.2016 in Crl.M.P.No. 1125 of 2016 on the file of the Learned Judicial Magistrate, Thiruchendur and modify the condition imposed therein.

Prayer in CRL OP(MD). 6710/ 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith. The High Court will be pleased to call for the entire records and set aside an order passed by the Principal Sessions Judge, Thoothukudi dated 10.03.2016 in Cr.M.P.No. 799 of 2016 by confirming the order dated 11.02.2016 in Crl.M.P.No. 1127 of 2016 on the file of the Learned Judicial Magistrate, Thiruchendur and modify the condition imposed therein.

ORDER: These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.T.SENTHIL KUMAR,Advocate for the petitioners in all the petitions, and of M/S.C.MAYIL VAHANA RAJENDRAN, Additional Public Prosecutor on behalf of the Respondent in all the petitions the court made the following order:- These petitions have been filed to modified the 2nd condition imposed

by the learned Judicial Magistrate, Thiruchendur that the sureties must be the blood relative with full solvency and they must be resided within the territorial jurisdiction of Judicial Magistrate, Thiruchendur. 2.The learned counsel appearing for the petitioners has submitted that the petitioners are permanent residence of Trichy District and their relatives are living only in Trichy and hence, they are not able to comply with the 2nd condition imposed by the trial court and none of their blood relatives are residing in Thoothukudi District. Hence, he prayed for modification of the 2nd condition imposed by the trial court. 3.The learned counsel has produced the original ration card and Aathar card of the parents of the petitioners. 4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the facts and circumstances of the case, this court is inclined to modify the 2nd condition alone imposed by the learned Judicial Magistrate, Thiruchendur. The petitioners are permitted to give sureties of blood relatives, irrespective of where they are residing on proper identification like ration card, Voters Card or Aathar card. 6.Accordingly, these petitions are allowed.

sd/- 20/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THIRUCHENDUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN DISTRICT. 3 THE ADDL. PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE,THIRUCHENDUR TEMPLE POLICE STATION, THOOTHUKUDI DISTRICT.

+1CC to M/S.T.Senthil Kumar, Advocate, SR.No. 22124

ORDER

IN CRL OP(MD)No.6112,6567,6568,6569,6709 and 6710 of 2016 Date :20/04/2016 AM/JGB.DP/AR-I/25.04.2016/3P/6C