Sivamani v. State Rep. by The Sub-Inspector of Police
2017-08-21
A.M.BASHEER AHAMED
body2017
DigiLaw.ai
ORDER : 1. The above Criminal Original Petitions have been filed praying to modify the conditions imposed on the petitioner by the respective Courts by directing the concerned Court, to accept the common sureties. 2. The petitioner in Crime Nos. 301 & 296 of 2016 for the offence under Section 397 of IPC., on the file of Vachakkarapatty Police Station, Virudhunagar District was in custody from 28.10.2016 onwards. Bail was granted in the above cases by the learned Principal District and Sessions Judge, Virudhunagar District, directing the petitioner to execute a bond for Rs.10,000/- with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate No.1, Virudhunagar, as per order in Cr.M.P.Nos.1937 & 1938 of 2017 respectively, dated 23.06.2017. 3. The petitioner in Crime No. 346 of 2016, for the offence under Section 392 of IPC., on the file of Sub-Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District was granted statutory bail by the learned Judicial Magistrate No.II, Virudhunagar, as per order in Cr.M.P.No.911 of 2017, dated 15.02.2017, directing the petitioner to execute a bond for Rs. 5,000/- with one surety each to the like sum. 4. The petitioner in Crime Nos.546 & 603 of 2016 for the offence under Sections 397 & 392 of IPC., respectively on the file of Inspector of Police, Sattur Police Station, Sattur Taluk, Virudhunagar District & the Sub-Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District, respectively as per order in Cr.M.P.Nos.833 & 911 of 2016, dated 15.02.0217 was granted bail by the learned Judicial Magistrate No.II, Virudhunagar, directing the petitioner to execute a bond for Rs.10,000/- with two sureties for like sum to the satisfaction of the learned Judicial Magistrate No.II, Sattur. In both the cases, the petitioner is in custody from 17.10.2016 & 11.10.2016 onwards. 5. The petitioner in Crime No.282 of 2016 for the offence under Section 392 of IPC., on the file of Sub-Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District was granted bail by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, as per order in Cr.M.P.No. 2418 of 2017, dated 01.08.2017, directing the petitioner to execute a bond for Rs.10,000/- with two sureties for like sum each for the satisfaction of the learned Judicial Magistrate, Aruppukottai. The petitioner is in custody from 21.11.2016. 6.
The petitioner is in custody from 21.11.2016. 6. The learned counsel appearing for the petitioner states that the petitioner is a daily wager and there were no means to the petitioner. If the production of common sureties is not granted to the petitioner, he is no other option, except to remain in custody till the completion of all the criminal cases and he is the only breadwinner of their family members and without the presence of the petitioner, the family will suffer for their livelihood and no one come forward to give sureties to the petitioner and for that only reason, the petitioner cannot able to produce sureties. Hence, the petitioner seeks common sureties in the above cases. 7. Considering the above facts and circumstances of the case and also the ability of the petitioner herein in furnishing the sureties in each cases, this Court is inclined to grant the relief as sought for by the petitioner. 8. Accordingly, the Criminal Original Petitions are allowed and the the condition imposed by the Court below in respect of producing separate sureties alone is modified to the effect that the petitioner is directed to produce common sureties of Rs.10,000/- (Rupees Ten Thousand Only) each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sattur and the said Court is directed to accept the common sureties. The other conditions remain unaltered.