1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.15378 and 15379 of 2011 1.Dhanasekaran 2.Poopesan 3.Muthuchamy 4.Kali ... Petitioners in Crl.O.P.No.15378/2011 1.A.Muthu 2.Sangeetha 3.Perumal 4.Muruganantham 5.Balakrishnan 6.Savugan 7.Sivakami 8.Prabu 9.Parthiban 10.Chellathayee 11.Mariammal 12.Jeyarani 13.Elammal 14.Sami @ Irulappan 15.Gandhimathi 16.Pasupathi 17.Rakkayee 18.Siva 19.Mokkaponnu 20.Pandi 21.Mani 22.Thotthan 23.Dhanuskodi 24.Kali 25.Ealammal ... Petitioners in Crl.O.P.No.15379/2011 Vs. State through The S.I. of Police, Melur Police Station, Madurai District crime No.701 of 2011 ... Respondent in both petitions PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records of the Principal Sessions Judge, Madurai, in unnumbered Cr.M.P.No...../2011 in Cr.M.P.Nos.4142 and 4149 of 2011 dated 19.11.2011 and set aside the same. For Petitioners in both petitions : Mr.G.Karnan For Respondents in both petitions : Mr.P.Kannithevan, Govt. Advocate (Crl. Side) https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R This petition has been filed to call for the records of the Principal Sessions Judge, Madurai, in unnumbered Cr.M.P.No...../2011 in Cr.M.P.Nos.4142 and 4149 of 2011 dated 19.11.2011 and set aside the same. 2.Heard Mr.M.Kannan, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned counsel appearing for the respondent. 3.According to the petitioners, they are coolie workers and they are totally 29 in numbers and as per the orders dated 11.11.11, passed in Cr.M.P.Nos.4142 and 4149 of 2011, by the learned Principal Sessions Judge, Madurai they are abiding the condition by appearing before the learned Judicial Magistrate, Thirumangalam, which is far away from their native place and they are virtually suffered from the said conditions and therefore, they approached the learned Sessions Judge concerned to modify the same in unnumbered Cr.M.P.No...../2011 in Cr.M.P.Nos.4142 and 4149 of 2011 and the said petitions were dismissed for want of identity proof. He would further submit that the petitioners have already granted anticipatory bail by the said Court and the requirement of identity proof is not known to any procedure and therefore, the said orders may be set aside and any other order relaxing or modifying the condition may be imposed. 4.The learned Government Advocate (criminal side) would submit in his argument that the request of the petitioners, seeking for modification of the condition may be ordered for a different place instead of appearing before the learned Judicial Magistrate at Melur. He would further submit that tension prevailed in the place of occurrence and it is better that they should be away from the said place and the Police Station at Poovanthi, Sivagangai District may be considered for the appearance of the petitioners for complying the conditions, 5.Considering the submissions made by both sides, I could see that the learned Sessions Judge, had granted bail in favour of 29 petitioners in Cr.M.P.Nos.4142 and 4149 of 2011 on 11.11.2011, by imposing conditions that they should appear before the learned Judicial Magistrate, Thirumangalam and accordingly, they are complying with the conditions. The petitioners had sought for the modification before the said Court, but the said applications were returned for want of identity proof. Now, the petitioners approached this Court for setting aside the order, because, they themselves obtained the bail order before the said Court, but, the identity proof has been asked for is not correct in accordance with law. 6.Considering the same, I could see that the petitioners are admittedly complying with the conditions before the learned Judicial Magistrate, Thirumangalam and they want to have the modification. According to the learned Government Advocate (criminal side), the place of occurrence is still tension prevailed and the learned Judicial Magistrate, Melur may not be suggested for complying with the conditions and he has suggested Poovanthi Police Station is an ideal place for complying with the condition. https://hcservices.ecourts.gov.in/hcservices/ 3 7.Considering the same, I could see that the order passed by the learned Principal Sessions Judge, seeking for identity proof is not sustainable. Therefore, it has become necessary for this Court to pass further orders to the effect that the conditions imposed by the learned Principal Sessions Judge, Madurai in Cr.M.P.Nos.4142 and 4149 of 2011 dated 11.11.11, have been modified to the effect that the petitioners should appear before the Inspector of Police, Poovanthi Police Station, Sivagangai District, instead of the learned Judicial Magistrate, Thirumangalam and they have to comply with the conditions daily at 10.30 a.m. until further orders. 8.With the aforesaid modification, this criminal original petition is ordered accordingly. Sd/- Deputy Registrar (Writs) / True Copy / Assistant Registrar TO 1.The S.I. of Police, Melur Police Station, Madurai District. 2.The Judicial Magistrate, Thirumangalam. 3.The Inspector of Police, Poovanthi Police Station, Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Arul SR : 16.12.2011 : 3p/5c Crl.O.P.(MD) No.15378 and 15379 of 2011 29.11.2011 https://hcservices.ecourts.gov.in/hcservices/