Satya Prakash @ Sathyaprakashraskothi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN CRL OP(MD) No.19331 of 2023 1 SATYA PRAKASH @ SATHYAPRAKASHRASKOTHI 2 SHUBHAM KASHSYAP 3 DEEPAK ... PETITIONERS/PETITIONERS Vs THE INSPECTOR OF POLICE RAILWAY PROTECTION FORCE, MADURAI POLICE STATION, ... RESPONDENTS/RESPONDENTS Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition imposed by this Honble court in Crl M.P (MD) No. 255 of 2024 in Crl O.P (MD) No. 19331 of 2023 dt. 10.01.2024 as regards to the condition to execute a bond for a sum of Rs.
10,000/- (Rupees ten thousand only) along with two surety, in which one surety must be a Government Servant from the State of Uttarpradesh, to the satisfaction of the learned Judicial Magistrate No.VI, Madurai. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.MARK J JACKSON, Advocate for the petitioner and of Mr.B.THANGA ARAVINDH, Government Advocate(Crl.
The learned Counsel for the petitioners submits that the petitioners are in Prison for the past 240 days. The petitioners have unauthorizedly used gas stove in a railway compartment, which resulted in a fire accident, where nine persons died. The petitioners were arrested on 26.08.2023. The petitioners are from North India. Therefore, while considering the application filed by the petitioners in Crl.M.P(MD) No.255 of 2024, this Court has imposed a condition that the petitioners have to furnish two sureties, in which one surety must be a Government Servant from the State of Uttarpradesh, to the satisfaction of the learned Judicial Magistrate No.VI, Madurai. Though this Court has granted bail, the petitioners could not arrange a Government Servant as surety from the State of Uttar Pradesh and they are languishing in Jail.
2.The petitioners also claim that they will not leave the State of Tamil Nadu till the trial is over. They would be available within the jurisdiction of the respondent police and will also report before the respondent police once in a week. The trial is also posted for framing of charges.
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3.Considering the above reasons stated by the learned Counsel for the petitioners, the condition is modified to the effect that the petitioners shall produce two substantial sureties from the State of Uttar Pradesh to the satisfaction of the learned Judicial Magistrate VI, Madurai. The petitioners and the sureties have to furnish a copy of their Aadhar card and the petitioners have to report before the respondent police once in a week. The petitioners shall not leave the State of Tamil Nadu till the trial is over.
4.With the above modification, this criminal miscellaneous petition is ordered. sd/- 24/04/2024 / TRUE COPY / 25/04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE NO.VI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, 3/4
3 THE INSPECTOR OF POLICE RAILWAY PROTECTION FORCE, MADURAI POLICE STATION, MADURAI 4 THE SUPERINTENDENT, CENTRAL PRISON, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, +3 CC to M/s.MARK J JACKSON, Advocate ( SR-4837[I] dated 24/04/2024 )
ORDER
IN IN CRL OP(MD) No.19331 of 2023 Date :24/04/2024 SS/SAR- /25/04/2024/4P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4