Muthukumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2018
CORAM
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.13054 to 13076 and 13089 to 13123 of 2018 MUTHUKUMAR S/o.DURAISAMY ... Petitioner in CRL OP(MD). 13054/ 2018 to 13058/2018 IRUDHAYA JEBAMALAI ... Petitioner in CRL OP(MD). 13059/ 2018 to 13076/2018 THIRUMARAN ... Petitioner in CRL OP(MD). 13089/ 2018 to 13092/2018 & 1st Petitioner in 13099/2018 to 13123/2018 M. AKBAR ... Petitioner in CRL OP(MD). 13093/ 2018 to 13098/2018 MUTHUKUMAR S/o.DURAISAMY ... 2nd Petitioner in CRL OP(MD). 13099/ 2018 to 13123/2018 Vs.
THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.
.. Respondent in Crl.Op(MD) Nos.13054/2018 to 13076/2018 & 13089/2018 to 13123/2018 These Criminal Original Petitions are filed under section 439(1-B) of Cr.P.C.
Prayer in CRL OP(MD). 13054/ 2018 :
in Cr.M.P.No.2135 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.3,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.263 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13055/ 2018 :
in Cr.M.P.No.2136 of 2018 on the file of the Learned Principal
Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.264 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13056/ 2018 :
in Cr.M.P.No.2134 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.267 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13057/ 2018 :
in Cr.M.P.No.2137 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.269 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13058/ 2018 :
in Cr.M.P.No.2138 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.270 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13059/ 2018 :
in Cr.M.P.No.1926 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.280 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13060/ 2018 :
in Cr.M.P.No.1923 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.281 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13061/ 2018 :
in Cr.M.P.No.1932 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition
of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.282 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13062/ 2018 :
in Cr.M.P.No.1754 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.5,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.284 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13063/ 2018 :
in Cr.M.P.No.1931 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.301 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13064/ 2018 :
in Cr.M.P.No.1930 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.302 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13065/ 2018 :
in Cr.M.P.No.1944 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.4,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.304 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13066/ 2018 :
in Cr.M.P.No.1940 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.3,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.306 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13067/ 2018 :
in Cr.M.P.No.1925 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.307 of 2018 on the file of the Respondent Police.
Prayer in CRL OP(MD). 13068/ 2018 :
in Cr.M.P.No.1928 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.3,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.308 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13069/ 2018 :
in Cr.M.P.No.1941of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.3,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.309 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13070/ 2018 :
in Cr.M.P.No.1929 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.3,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.310 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13071/ 2018 :
in Cr.M.P.No.1943 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.3,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.311 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13072/ 2018 :
in Cr.M.P.No.1927 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.2,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.312 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13073/ 2018 :
in Cr.M.P.No.1937 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.5,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.314 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13074/ 2018 :
in Cr.M.P.No.1938 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition
of condition to deposit a sum of Rs.3,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.315 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13075/ 2018 :
in Cr.M.P.No.1924 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.3,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.316 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13076/ 2018 :
in Cr.M.P.No.1831 of 2018 on the file of the Learned Principal Sessions Judge, Tuticorin dated 20/07/2018 so far as the imposition of condition to deposit a sum of Rs.3,000/- before the Learned Judicial Magistrate No.III, Tuticorin in connection with Crime No.323 of 2018 on the file of the Respondent Police. Prayer in CRL OP(MD). 13089/ 2018 :
in Cr.M.P.No. 2091 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 280 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13090/ 2018 :
in Cr.M.P.No. 2092 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 281 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13091/ 2018 :
in Cr.M.P.No. 2093 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 282 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13092/ 2018 :
in Cr.M.P.No. 2097 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 302 of 2018 on the file of the respondent police
Prayer in CRL OP(MD). 13093/ 2018 :
in Cr.M.P.No. 1759 of 2018 on the file of the learned Principal Sessions Judge, Tuticorin dated 16.07.2018 so far as the imposition of condition to deposit a sum of Rs. 8000/- before the learned 194 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13094/ 2018 :
in Cr.M.P.No. 1757 of 2018 on the file of the learned Principal Sessions Judge, Tuticorin dated 16.07.2018 so far as the imposition of condition to deposit a sum of Rs. 3000/- before the learned 195 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13095/ 2018 :
in Cr.M.P.No. 1765 of 2018 on the file of the learned Principal Sessions Judge, Tuticorin dated 16.07.2018 so far as the imposition of condition to deposit a sum of Rs. 3000/- before the learned 196 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13096/ 2018 :
in Cr.M.P.No. 1756 of 2018 on the file of the learned Principal Sessions Judge, Tuticorin dated 16.07.2018 so far as the imposition of condition to deposit a sum of Rs. 3000/- before the learned 197 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13097/ 2018 :
in Cr.M.P.No. 1768 of 2018 on the file of the learned Principal Sessions Judge, Tuticorin dated 16.07.2018 so far as the imposition of condition to deposit a sum of Rs. 3000/- before the learned 198 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13098/ 2018 :
in Cr.M.P.No. 1825 of 2018 on the file of the learned Principal Sessions Judge, Tuticorin dated 16.07.2018 so far as the imposition of condition to deposit a sum of Rs. 3000/- before the learned 209 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13099/ 2018 :
in Cr.M.P.No. 2127 of 2018 on the file of the learned Principal
of condition to deposit a sum of Rs. 3000/- before the learned 285 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13100/ 2018 :
in Cr.M.P.No. 2128 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 5000/- before the learned 295 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13101/ 2018 :
in Cr.M.P.No. 2129 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 296 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13102/ 2018 :
in Cr.M.P.No. 2094 of 2018 on the le of the learned Principal of condition to deposit a sum of Rs. 3000/- before the learned 297 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13103/ 2018 :
in Cr.M.P.No. 2095 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 298 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13104/ 2018 :
in Cr.M.P.No. 2096 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 301 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13105/ 2018 :
in Cr.M.P.No. 2098 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 303 of 2018 on the file of the respondent police
Prayer in CRL OP(MD). 13106/ 2018 :
in Cr.M.P.No. 2130 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 304 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13107/ 2018 :
in Cr.M.P.No. 2099 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 3000/- before the learned 306 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13108/ 2018 :
in Cr.M.P.No. 2100 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 3000/- before the learned 308 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13109/ 2018 :
in Cr.M.P.No. 2101 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 3000/- before the learned 309 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13110/ 2018 :
in Cr.M.P.No. 2102 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 3000/- before the learned 310 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13111/ 2018 :
in Cr.M.P.No. 2103 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 3000/- before the learned 311 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13112/ 2018 :
in Cr.M.P.No. 2104 of 2018 on the file of the learned Principal
of condition to deposit a sum of Rs. 2000/- before the learned 312 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13113/ 2018 :
in Cr.M.P.No. 2105 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 313 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13114/ 2018 :
in Cr.M.P.No. 2131 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 5000/- before the learned 314 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13115/ 2018 :
in Cr.M.P.No. 2106 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 3000/- before the learned 315 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13116/ 2018 :
in Cr.M.P.No. 2132 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 3000/- before the learned 316 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13117/ 2018 :
in Cr.M.P.No. 2107 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 5000/- before the learned 317 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13118/ 2018 :
in Cr.M.P.No. 2106 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 5000/- before the learned 318 of 2018 on the file of the respondent police
Prayer in CRL OP(MD). 13119/ 2018 :
in Cr.M.P.No. 2112 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 5000/- before the learned 328 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13120/ 2018 :
in Cr.M.P.No. 2111 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 326 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13121/ 2018 :
in Cr.M.P.No. 2110 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 3000/- before the learned 323 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13122/ 2018 :
in Cr.M.P.No. 2133 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 2000/- before the learned 322 of 2018 on the file of the respondent police Prayer in CRL OP(MD). 13123/ 2018 :
in Cr.M.P.No. 2109 of 2018 on the file of the learned Principal of condition to deposit a sum of Rs. 3000/- before the learned 319 of 2018 on the file of the respondent police For all Petitioners : Mr.L.Shaji Chellan(in all CRL OP's) For Respondent : Mr.A.Chellapandian, Additional Advocate General, assisted by Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (in all CRL OP's) COMMON ORDER The petitioners have come forward with this petition seeking to modify the condition imposed on them by the Principal Sessions Judge, Tuticorin on 20.07.2018.
2.The petitioners are four in number. There are totally 58 applications. All the petitioners are in custody for more than a
month. They were all arrested in connection with anti sterlite protest. The Court below, while granting them bail, has imposed a condition that they should deposit certain sums of money. It is submitted that the petitioners are coolies and they do not have wherewithal to mobilise the funds for complying the said condition. Since they were not able to make cash deposit to comply the condition, they are lavishly inside the jail and unable to come out. 3.Therefore, this Court is inclined to set aside the order passed by the Court below with regard to the deposit of the certain sums of money alone. Accordingly, all these petitions stands allowed.
4.The petitioners are permitted to offer common sureties covering all their cases.
5.The learned counsel for the petitioners apprehends that the petitioners may be implicated in other cases. Hence, if the police intend to implicate the petitioners in any other case, the police shall send notice to the petitioners under Section 41 A of Cr.P.C. It will give breathing time to the petitioners to approach this Court for anticipatory bail.
Sd/ Assistant Registrar(Crl Side) /True copy/ Sub Assistant Registrar(CS-II) To 1.The Principal Sessions Judge, Tuticorin.
2.The Judicial Magistrate No.III, Tuticorin.
3.The Inspector of Police, SIPCOT Police Station, Tuticorin, Tuticorin District.
4.The Superintendent, Central Prison,Palayamkottai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+5cc to Mr.L.Shaji Chellan, Advocate, SR.No. 75258 Crl.O.P.(MD)Nos.13054 to 13076 and 13089 to 13123 of 2018 26.07.2018 TM KK/SV RP/SAR-2/26.07.2018/11P-11C/