← Library
Madras High CourtCRL OP(MD)/14916/2021ordered

Thambiraj v. The Inspector Of Police

2021-11-02Honourable Mr Justice B.Pugalendhi8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2021

CORAM:

THE HONOURABLE MR. JUSTICE B.PUGALENDHI Crl.O.P.(MD).Nos.14916, 14919, 14920, 14922, 14924, 14926, 14929, 14931, 14932,14934, 14935, 14936, 14938 and 14939 of 2021 Thambiraj Petitioner in all the petitions - Vs. - The Inspector of Police Tenkasi Police Station, Tenkasi District ..Respondent(s) in CRL OP(MD). 14916 / 2021 (Crime No. 85 of 2021) The Inspector of Police Vadipatti Police Station, Madurai District (Crime Nos. 70, 68, 69 of 2021) ... Respondent in CRL OP Nos. (MD). 14919, 14920 & 14922 / 2021 The Inspector of Police Thirumangalam Town Police Station, Madurai District (In Crime Nos. 53, 57, 52 & 55 of 2021) ..Respondent in CRL OP Nos. (MD). 14924, 14926, 14929 & 14931/ 2021 The Inspector of Police Sattur Town Police Station, Viruthunagar District (Crime No. 70 of 2021) ....Respondent(s) in CRL OP(MD). 14932/ 2021 The Inspector of Police Melur Police Station, Madurai District (In Crime No. 1725 of 2020)

...Respondent(s) in CRL OP(MD). 14934/ 2021

The Inspection of Police Othakadai Police Station, Madurai District (In Crime No. 1624 of 2021) ... Respondent(s) in CRL OP(MD). 14935/ 2021 1/8

The Inspector of Police Rajapalayam South Police Station, Virudhunagar District (Crime Nos. 57, 56 & 58 of 2021)

...Respondent(s) in CRL OP Nos. (MD). 14936, 14938 &

14939/ 2021 Prayer in CRL OP(MD). 14916/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 66 of 2021 dated. 31.03.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14919/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 1058 of 2021 dated. 15.03.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14920/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 1059 of 2021 dated. 15.03.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14922/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 1060 of 2021 dated. 15.03.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14924/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 2058 of 2021 dated. 15.04.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14926/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 2057 of 2021 dated. 15.04.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

2/8

Prayer in CRL OP(MD). 14929/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 2059 of 2021 dated. 15.04.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14931/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 2060 of 2021 dated. 15.04.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14932/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 1778 of 2021 dated. 21.04.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14934/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 1335 of 2021 dated. 23.04.2021 to appear before the respondent police daily at 10.00 AM for period of 4 weeks, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14935/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 1336 of 2021 dated. 23.04.2021 to appear before the respondent police daily at 10.00 AM for period of 4 weeks, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14936/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 3337 of 2021 dated. 05.05.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

Prayer in CRL OP(MD). 14938/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 3338 of 2021 dated. 05.05.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

3/8

Prayer in CRL OP(MD). 14939/ 2021 :

This Petition filed under Section 439 (i) (B) r/w 482 of Cr.P.C., to Modify the condition imposed upon the petitioner in Crl.M.P. (MD) No. 3360 of 2021 dated. 11.05.2021 to appear before the respondent police daily at 10.00 AM for period of 30 days, and pass such and other orders as this Hon`ble Court.

For Petitioner : Mr.A.Arputharaj (in all the petitions) For Respondent : Mr.P.Kottai Chamy (in all the petitions) Government Advocate (crl.side) COMMON ORDER Crl.O.P.(MD)No.14916 of 2021 is filed to modify the condition imposed imposed by the Judicial Magistrate, Tenkasi, Tenkasi District, in Cr.M.P.No.66 of 2021, dated 31.03.2021, to appear before the respondent police - Tenkasi Police Station, daily at 10.00 a.m., for a period of 30 days.

2. Crl.O.P.(MD)No.14919 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Vadipatti, in Cr.M.P.No.1058 of 2021, dated 15.03.2021, to appear before the respondent police - Vadipatti Police Station, daily at 10.00 a.m., for a period of 30 days.

3. Crl.O.P.(MD)No.14920 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Vadipatti, in Cr.M.P.No.1059 of 2021, dated 15.03.2021, to appear before the respondent police - Vadipatti Police Station, daily at 10.00 a.m., for a period of 30 days.

4. Crl.O.P.(MD)No.14922 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Vadipatti, in Cr.M.P.No.1060 of 2021, dated 15.03.2021, to appear before the respondent police - Vadipatti Police Station, daily at 10.00 a.m., for a period of 30 days.

5. Crl.O.P.(MD)No.14924 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Vadipatti, in Cr.M.P.No.2058 of 2021, dated 15.04.2021, to appear before the respondent police - Vadipatti Police Station, daily at 10.00 a.m., for a period of 30 days.

6. Crl.O.P.(MD)No.14926 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Tirumangalam, in Cr.M.P.No.2057 of 2021, dated 15.04.2021, to appear before the respondent police - Tirumangalam Town Police Station, daily at 13.00 a.m., for a period of 30 days.

4/8

7. Crl.O.P.(MD)No.14929 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Tirumangalam, in Cr.M.P.No.2059 of 2021, dated 15.04.2021, to appear before the respondent police - Tirumangalam Town Police Station, daily at 10.30 a.m., for a period of 30 days.

8. Crl.O.P.(MD)No.14931 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Tirumangalam, in Cr.M.P.No.2060 of 2021, dated 15.04.2021, to appear before the respondent police - Tirumangalam Town Police Station, daily at 10.30 a.m., for a period of 30 days.

9. Crl.O.P.(MD)No.14932 of 2021 is filed to modify the condition imposed by the Judicial Magistrate No.II, Sattur, in Cr.M.P.No.1778 of 2021, dated 21.04.2021, to appear before the respondent police - Sattur Town Police Station, daily at 10.00 a.m., until further orders.

10. Crl.O.P.(MD)No.14934 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Melur, in Cr.M.P.No.1335 of 2021, dated 23.04.2021, to appear before the respondent police - Melur Police Station, daily at 10.00 a.m., for a period of four weeks.

11. Crl.O.P.(MD)No.14935 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Melur, in Cr.M.P.No.1336 of 2021, dated 23.04.2021, to appear before the respondent police - Othakadai Police Station, daily at 10.00 a.m., for a period of four weeks.

12. Crl.O.P.(MD)No.14936 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Rajapalayam, in Cr.M.P.No.3337 of 2021, dated 05.05.2021, to appear before the respondent police - Rajapalayam South Police Station, daily at 10.00 a.m., for a period of 30 days.

13. Crl.O.P.(MD)No.14938 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Rajapalayam, in Cr.M.P.No.3338 of 2021, dated 05.05.2021, to appear before the respondent police - Rajapalayam South Police Station, daily at 10.00 a.m., for a period of 30 days.

14. Crl.O.P.(MD)No.14939 of 2021 is filed to modify the condition imposed by the Judicial Magistrate, Rajapalayam, in Cr.M.P.No.3337 of 2021, dated 05.05.2021, to appear before the respondent police - Rajapalayam South Police Station, daily at 10.00 a.m., for a period of 30 days.

15. The learned counsel for the petitioner submitted that the petitioner was arrested in some other cases on the file of the 5/8

different Police Stations. Based on the confession statements, the petitioner was falsely implicated as accused in all other cases and he was granted bail in some other cases by the concerned Judicial Magistrates. In the bail orders, the petitioner was directed to report before the concerned respondent police daily at 10.00 a.m for a period of 30 days, but he could not comply with the same, as the petitioner has been implicated in 20 others cases similar in nature, in which, he was arrested and enlarged on bail. In all bail orders, a similar condition has been imposed to the effect that the petitioner shall report before the concerned respondent police daily at 10.00 for specific period in some cases and until further orders in the remaining cases. Hence, the petitioner is unable to comply with the conditions imposed in the bail orders and prayed to modify the conditions passed in the bail orders of different cases, directing him to report at one Police Station for all the cases, otherwise, the petitioner will be put to irreparable loss and immense hardship.

16. Heard learned Government Advocate (Crl. Side) appearing for the respondents.

17. Considering the submissions made by the learned counsel appearing for the petitioner, this Court is inclined to allow these petitions.

18. Hence, this Criminal Original Petitions are allowed and the condition imposed by the concerned Judicial Magistrate is modified to the effect that the petitioner is directed to appear before the concerned respondent police as under: (i) The petitioner shall appear before the Tenkasi Police Station (in Crime No.85 of 2021), daily at 10.00 a.m., for a period of two weeks, viz., from 15.11.2021 to 28.11.2021; (ii) The petitioner shall appear before Vadipatti Police Station (in Crime No.70 of 2021), daily at 10.00 a.m., for a period of two weeks, viz., from 29.11.2021 to 12.12.2021; (iii) The petitioner shall appear before Vadipatti Police Station (in Crime No.68 of 2021), daily at 10.00 a.m., for a period of two weeks, viz., from 13.12.2021 to 26.12.2021; (iv) The petitioner shall appear before Vadipatti Police Station (in Crime No.

69 of 2021), daily at 10.00 a.m., for a period of two weeks, viz., from 27.12.2021 to 09.01.2022; (v) The petitioner shall appear before Vadipatti Police Station (in Crime No.53 of 2021), daily at 10.00 a.m., for a period of two weeks, viz., from 10.01.2022 to 23.01.2022; (vi) The petitioner shall appear before Tirumangalam Town Police Station (in Crime No.57 of 2021), daily at 10.00 a.m., for a period two weeks ie.from 24.01.2022 to 06.02.2022; (vii) The petitioner shall appear before Tirumangalam Town Police Station (in Crime No.52 of 2021), daily at 10.00 a.m., for a period two weeks ie.from 07.02.2022 to 20.02.

(viii) The petitioner shall appear before Tirumangalam Town Police Station (in Crime No.552 of 2021), daily at 10.00 a.m., for a period two weeks ie.from 21.02.2022 to 06.03.2022; (ix) The petitioner shall appear before Sattur Town Police Station (in Crime No.70 of 2021), daily at 10.00 a.m.,for a period two weeks ie. from 07.03.2022 to 20.03.2022;

(x) The petitioner shall appear before Melur Police Station (in Crime No.1725 of 2020), daily at 10.00 a.m.,for a period two weeks ie. from 21.03.2022 to 24.04.2022, (xi) The petitioner shall appear before Othakadai Police Station (in Crime No.1624 of 2021), daily at 10.00 a.m., for a period of two weeks ie.25.04.2022 to 08.05.2022; (xii) The petitioner shall appear before Rajapalayam South Police Station (in Crime No.57 of 2021), daily at 10.00 a.m., for a period of two weeks, ie.. from 09.05.2022 to 22.05.2022; (xiii) The petitioner shall appear before Rajapalayam South Police Station (in Crime No.56 of 2021), daily at 10.00 a.m., for a period of two weeks, iefrom 23.05.2022 to 05.06.2022; (xiv) The petitioner shall appear before Rajapalayam South Police Station (in Crime No.58 of 2021), daily at 10.00 a.m., for a period of two weeks, ie.06.06.2022 to 19.06.2022;

19. If the petitioner fails to appear before the concerned respondent police, it is open to the respondent police for filing necessary application for cancellation of bail. Sd/- Assistant Registrar(CS-) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls 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 Judicial Magistrate, Tenkasi, Tenkasi District 7/8

2.The Judicial Magistrate, Tirumangalam, Madurai District.

3.Judicial Magistrate, Vadipatti, Madurai District.

4.The Judicial Magistrate No.II, Sattur, Virudhunagar District.

5.The Judicial Magistrate, Melur, Madurai District.

6.The Judicial Magistrate, Rajapalayam, Virudhunagar District.

7.The Inspector of Police, Tenkasi Police Station, Tenkasi District.

8.The Inspector of Police, Vadipatti Police Station, Tenkasi District.

9.The Inspector of Police, Tirumangalam Town Police Station, Tirumangalam District.

10.The Inspector of Police, Othakadai Police Station, Tenkasi District.

11.The Inspector of Police, Sattur Town Police Station, Sattur District.

12.The Inspector of Police, Melur Police Station,Melur District.

13.The Inspector of Police, Rajapalayam South Police Station,Sattur District. 14.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

Crl.O.P.(MD).No.14916 of 2021, etc., 02.11.2021 TR/SKN/SAR-IV(15.11.2021) 8P 15C 8/8