1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2011 CORAM: THE HONOURABLE MR.JUSTICE C.T.SELVAM CRL.R.C.(MD)Nos.33,38,39,40,41,42,43 and 44 of 2011 Shek Mohammed : Petitioner/Petitioner in all CRL.R.C.'s Vs. State rep. By:: The Sub-Inspector of Police, Arumuganeri Police Station, Tuticorin District. : Respondent/Complainant in all CRL.R.C.'S COMMON PRAYER: Criminal Revision filed under Section 397 and 401 of Cr.P.C., to set aside the Docket order dated 11.01.2011 in the surety memo filed in Crime No.415,405,410,409,411,418,414 and 408 of 2010 on the file of the learned Judicial Magistrate, Thiruchendur and to direct the learned Judicial Magistrate to accept the sureties. For Petitioner : Mr.B.Pugalendhi For Respondent : Mr.R.M.Anbunithi, Government Advocate (Cri. Side) ORDER These revisions arise against docket orders passed by the learned Judicial Magistrate, Thiruchendur in Surety Memo filed in Crime Nos.415, 405,410,409,411,418,414 and 408 of 2010, whereby the lower Court refused to accept common surety in respect of this petitioner/A2 pursuant to order of bail passed by the learned Principal Sessions Judge, Tuticorin. The petitioner had moved the District Court for remedy against the order of Judicial Magistrate, but such Court had dismissed the petition filed before it, considering itself functus officio. However, it observed that the acceptance of common surety was within the powers of the Judicial Magistrate. Thereafter, the surety memos were resubmitted to the Judicial Magistrate but the same were rejected. 2. The learned counsel for the petitioner would inform that the rejection of the surety memos by the lower Court has caused grave prejudice to the petitioner and that though he has been granted bail under orders dated 16.12.2010 in all the cases, he yet is to be released. Both the common sureties hold properties of value of Rs.1,00,000/- as informed by the certificates dated 24.10.2010 issued by the Village Administrative Officer. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Heard the learned Government Advocate (Criminal side) on the above submission. 4. This Court is of the considered opinion that in the interest of justice the order of lower Court refusing to accept the common sureties in the cases is to be set aside and accordingly, it is set aside. These revision petitions are allowed. The learned Judicial Magistrate shall accept two common sureties in respect of all the cases on being satisfied of each of them holding properties of value of Rs.1,00,000/- which fact may be supported by production of the certificates issued by the Village Administrative Officer. SD DEPUTY REGISTRAR ( LA ) /TRUE COPY/ ASST REGISTRAR srm TO: 1. THE JUDICIAL MAGISTRATE, TIRUCHENDUR. 2. THE SUB INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, TUTICORIN DISTRICT. 3. THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 1CC TO MR.B. PUGALENDHI, ADVOCATE SR: 23475: DM:2011:JAN:22: Order made in CRL.R.C.(MD)Nos.33, 38,39,40,41,42,43 and 44 of 2011 21.01.2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/