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Madras High CourtCRL OP(MD)/10837/2021ordered

Athikulla@Athikulla Sahib v. The Inspector Of Police

2021-08-06Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P.(MD)No.10837 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.10837 of 2021

1. Athikulla @ Athikulla Sahib

2. Fasith @ Mohamed Fasthi

3. Ushman Ali @ Mohamed Ushman

4. Naffil @ Al Naffil

5. Hasan Abbas

6. Ishlam @ Mohamed Noorul Ishlam

7. Sahul Hameed

8. Kadhar Sulthan@Sultan

9. Mohamed Yahoob

10. Nasurudeen @ Ahamed Nasirdeen

11. Sheikparidhu

12. Muthu Sulaiha @ Muthu Sulaiha Beevi ... Petitioners versus The Inspector of Police, Erwadi Police Station, Ramanathapuram District.

... Respondent (in Crime No. 187 of 2021) Criminal Original Petition filed under Section 482 r/w. 439(1)

(6) of Cr.P.C. seeking to modify the condition passed in order in Cr.M.P.No.1397 of 2021 on the file of the learned Principal District and Sessions Judge, Ramanathapuram, dated 15.04.2021 and permit the petitioners to produce common sureties.

For Petitioner : Mr.A.Balaji For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

This petition has been filed to modify the condition imposed on the petitioners in Cr.M.P.No.1397 of 2021 on the file of the learned Principal District and Sessions Judge, Ramanathapuram, dated 15.04.2021.

2. The learned counsel appearing for the petitioners submits that the petitioners were granted anticipatory bail by the learned Principal District and Sessions Judge, Ramanathapuram, on 15.04.2021, in Crl.M.P.No.1397 of 2021, wherein, the petitioners were directed to appear before the learned Judicial Magistrate No.II, Ramanathapuram and execute a bond for Rs.20,000/- each with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate concerned within 30 days from the date of the order. Now, the grievance of the petitioners is that since https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10837 of 2021 they are relatives, it is very difficult for them to arrange two sureties each in the present pandemic situation.

3. Considering the submission made by the learned counsel for the petitioners and in view of the present pandemic situation, the petitioners are permitted to execute one surety instead of two sureties each. Other conditions imposed on the petitioners remain unaltered.

4. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (Cs-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Principal District and Sessions Judge, Ramanathapuram. 2.The Judicial Magistrate No.II, Ramanathapuram.

3. The Inspector of Police, Erwadi Police Station, Ramanathapuram District.

4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD)No.10837 of 2021 06.08.2021 KS(CO) KB(24.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2