Sathiya v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday,the Twenty First day of December Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.11589 & 11590 of 2021 IN CRL OP(MD) No.17755 of 2021 1 SATHIYA 2 KUMAR ... PETITIONERS/PETITIONERS 2 & 3 IN BOTH PETITIONS Vs 1 THE STATE OF TAMIL NADU REP BY THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT. ...RESPONDENT/COMPLAINANT CR.NO.45 OF 2021. IN CRL MP(MD) No.11589 of 2021 ...1ST RESPONDENT/COMPLAINANT IN CRL MP(MD) No.11590 of 2021 2 K.SENBAGAM ... 2ND RESPONDENT/DEFACTO COMPLAINANT IN BOTH PETITIONS Prayer in CRL MP(MD). 11589 OF 2021 :
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 in Crl.OP.No.17755 of 2021 on the file of this Honble Court dated 16.11.2021 instead of deposit a sum of Rs.25,000/- each with 2 sureties to the satisfaction of the Learned Sessions Judge, Special Court for the Exclusive Trail of cases under POCSO Act Kanyakumari District, the Petitioners may be permitted to execute common surety in their own bond using their Aadhar card and Ration card before the Learned Sessions Judge, Special Court for the Exclusive Trail of Cases under POCSO Act Kanyakumari District.
Prayer in CRL MP(MD). 11590 OF 2021 :
Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant extension of time granted in the order made in Crl.OP.(MD).No.17755 of 2021 dated 16.11.2021 on the file of this Honble Court.
Order :These petitions coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.ANTO PRINCE.G, Advocate for the petitioner in both petitions and of Mr.M.VAIKKAM KARUNANITHI, GOVT. ADVOCATE (CRIMINAL SIDE)on behalf of the 1st Respondent in both petitions the court made the following order:- This petition has been filed to modify the condition imposed on the petitioner in Crl.O.P(MD)No.17755 of 2021, dated 16.11.2021, instead of deposit a sum of Rs.25,000/- each with 2 sureties to the satisfaction of the learned Sessions Judge, Special Court for the Exclusive Trail of Cases under POCSO Act, Kanyakumari Dsitrct, the petitioners may be permitted to execute common surety in their own bond using their Aadhar Card and Ration Card before the learned Sessions Judge, Special Court for the Exclusive Trail of Cases under POCSO Act, Kanyakumari District.
2.The learned counsel for the petitioners would submit that the petitioners are not having own patta land in their Village, which they are residing. Hence, they may permitted to execute common surety bond using their Aadhar Card and Ration Card before the learned Sessions Judge, Special Court for the Exclusive Trail of Cases under POCSO Act, Kanyakumari District.
3.This Court is of the considered view that the request of the learned counsel for the petitioners is genuine one and the petitioner is directed to execute common surety bond using their Aadhar Card and Ration Card before the learned Sessions Judge, Special Court for the Exclusive Trail of Cases under POCSO Act, Kanyakumari District, and time is extended for a period of 15 days from the date of receipt of a copy of this order for furnishing sureties and the petitions are allowed.
sd/- 21/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, KANYAKUMARI DISTRICT.
2.THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.
3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.ANTO PRINCE.G Advocate SR.No.39817,39818
ORDER
IN CRL MP(MD) No.11589 & 11590 of 2021 IN CRL OP(MD) No.17755 of 2021 Date :21/12/2021 VB/JC/SAR-II/28.12.2021/3P/6C