Sivalingam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) No.9827 and 9829 of 2018 IN CRL OP(MD) No.16612 of 2018 1.SIVALINGAM 2.NAVAMANI ... PETITIONERS/PETITIONERS/ PETITIONERS IN BOTH PETITIONS Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATIN, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
Crime No.4/2017 ... RESPONDENT/RESPONDENT/ RESPONDENT IN BOTH PETITIONS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition of appearance and surety satisfaction of the learned Judicial Magistrate No.II, Virudhunagar to any other learned Judicial Magistrate imposed in the order passed by this Honourable Court in Crl.OP(MD)NO. 16612 of 2018 dated 18.09.2018 Prayer in CRL MP(MD). 9829/ 2018 :
To extend the time prescribed in the order passed by this Honourable Court in Crl.MP(MD)No. 8422 of 2018 in Crl.OP(MD)No. 16612 of 2018 dated 24.10.2018 to surrender and to execute the sureties before the court concerned Order : These petitions coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.V. SANTHAKUMARESAN, Advocate for the petitioners in both the petitions, and Mr.K.SUYAMBULINGA BHARATHI,Government Advocate ( Criminal Side) for the Respondent in both the petitions, the court made the following order:- This petition has been filed to modify the condition of appearance and surety satisfaction of the learned Judicial Magistrate No.II, Virudhunagar to any other learned Judicial
Magistrate imposed in the order passed by this Court in Crl.O.P(MD) No.16612 of 2018, dated 18.09.2018.
2.This Court by order, dated 18.09.2018 granted anticipatory bail to the petitioners on condition that the petitioners are ordered to be released on bail in the event of arrest of on their appearance before the learned Judicial Magistrate No.II, virudhunagar, Virudhunagar District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned.
3.The learned counsel appearing for the petitioners would submit that while executing the sureties, the surety memo and other documents were returned twice since the Magistrate was not satisfied with the sureties. The return document was also filed along with this petition.
4.It is found that the petitioner herein has made a complaint against the investigating officer for partial manner of investigation. The petitioner apprehends that due to this reason, he has been victimised and he is unable to execute the sureties despite the order of this Court.
5. Considering the above facts, this petition is ordered and the petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar. The time for executing the sureties is extended for a further period of 15 days from the date of receipt of a copy of this order. sd/- 04/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO II, VIRUDHUNAGAR.
2.THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTOOR.
3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATIN, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2. C.C. to Mr. V. SANTHAKUMARESAN Advocate SR.No.22753,22754
ORDER
IN CRL MP(MD) No.9827 and 9829 of 2018 IN CRL OP(MD) No.16612 of 2018 Date :04/12/2018 TK/PN.AC/SAR.2/13.12.2018/3P/7C