M. Amsarajan v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD).Nos.12100, 12102, 12103, 12104 & 12105 of 2025 M.Amsarajan, S/o.Marimuthu,

... Petitioner in CRL OP(MD).Nos. 12100, 12102, 12103, 12104 & 12105 of 2025

Vs The State of Tamil Nadu, Rep by the Sub-Inspector of Police, Allinagaram Police Station, Theni District. Crime No.391/2023. ... Respondent in Crl.OP(MD).12100/2025 The State of Tamil Nadu, Rep by the Sub-Inspector of Police, Allinagaram Police Station, Theni District. Crime No.323/2022. ... Respondent in Crl.OP(MD).12102/2025 The State of Tamil Nadu, Rep by the Sub-Inspector of Police, Allinagaram Police Station, Theni District. Crime No.184/2024. ... Respondent in Crl.OP(MD).12103/2025 The State of Tamil Nadu, Rep by the Sub-Inspector of Police, Allinagaram Police Station, Theni District. Crime No.9/2024. ... Respondent in Crl.OP(MD).12104/2025 The State of Tamil Nadu, Rep by the Sub-Inspector of Police, Allinagaram Police Station, Theni District. Crime No.277/2023. ... Respondent in Crl.OP(MD).12105/2025 (In all cases) For Petitioner : Mr.K.Srinivasaragavan

Advocate. For Respondent : Mr.M.Karunanithi,

Government Advocate (Crl.Side) PETITIONS FOR MODIFICATION Under Sec.528 of BNSS PRAYER in Crl.O.P.(MD).No.12100/2025 :- To modify the condition No.(i) & (ii) imposed in Crl.MP.No.588 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. PRAYER in Crl.O.P.(MD).No.12102/2025 :- To modify the condition No.(i) & (ii) imposed in Crl.MP.No.589 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. PRAYER in Crl.O.P.(MD).No.12103/2025 :- To modify the condition No.(i) & (ii) imposed in Crl.MP.No.590 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. PRAYER in Crl.O.P.(MD).No.12104/2025 :- To modify the condition No.(i) & (ii) imposed in Crl.MP.No.592 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. PRAYER in Crl.O.P.(MD).No.12105/2025 :- To modify the condition No.(i) & (ii) imposed in Crl.MP.No.593 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. COMMON ORDER : The Court Made the following common order :- These petitions have been filed to modify the condition Nos.(i) &

(ii) imposed in Crl.MP.Nos.588, 589, 590, 592 & 593 of 2025 dated

27.02.2025 on the file of the learned Judicial Magistrate, Theni.

¶2The learned Counsel for the petitioner would submit that this petitioner has filed bail applications before the learned Judicial Magistrate, Theni in Crl.MP.Nos.588, 589, 590, 592 & 593 of 2025. The said bail petitions were heard and on 27.02.2025, the trial Court was pleased to grant bail to the petitioner with certain conditions. In the said bail orders, Condition Nos.(i) & (ii) are as follows: ''(i). The petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the concerned Judicial Magistrate Court.

(ii) The petitioner shall report before the Allinagaram Police Station daily at 8.00a.m. and 6.00p.m. until further orders.''

¶3He further submits that the petitioner was implicated as accused in 14 criminal cases by the respondent police and Palanichettypatti Police Station in the same District. Therefore, this petitioner has filed 14 bail applications before the learned Judicial Magistrate, Theni. The learned trial Court has allowed all the 14 bail applications and enlarged the petitioner on bail by imposing certain conditions. Insofar as the Crime Nos.69/2024, 363/2023, 46/2024, 107/2024, 55/2024, 550/2023, 464/2023, 393/2023 & 392/2023 on the file of the Palanichettipatty Police Station, are concerned, this petitioner was directed to report before the Palanichettipatty Police Station daily at

8.00a.m. and 05.00pm. until further orders. Insofar as the Crime Nos. 391/2023, 323/2022, 184/2024, 9/2024 & 277/2023 are concerned, this petitioner was directed to report before the Allinagaram Police Station daily at 8.00a.m. and 06.00pm. until further orders.

¶4He further submits that it is highly improbable for the petitioner to appear and sign before the said police stations daily at

08.00a.m. and 05.00 & 06.00p.m. simultaneously. Moreover, the trial Court, directed the petitioner to execute a bond for a sum of Rs.10,000/- with two sureties in each cases. The petitioner was not able to produce two sureties in all the cases, the petitioner find it very difficult to produce two sureties in all the cases and comply the signing conditions in various police stations regularly. Therefore, the petitioner seeks indulgence of this court by modifying the said conditions imposed against him. Hence, he prays for modification of the said conditions.

¶5The learned Government Advocate (Crl.side) appearing for the respondent would submit that all the cases are theft cases, this petitioner is a habitual offender. Hence, he opposed to allow these Criminal Original Petitions.

¶6Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above, this Court is inclined to modify the Condition Nos.(i) & (ii) in the order made in Crl.MP.Nos.588, 589, 590, 592 & 593 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. Accordingly, Condition Nos.(i) (ii) are modified as follows: ''(i) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the concerned Judicial Magistrate Court.

(ii) The petitioner shall report before the Inspector of Police, Palanichettypatti Police Station, Theni District daily twice at 9.00a.m. and 6.00p.m. for the period of fifteen (15) days and thereafter the petitioner shall appear before the same Police Station daily at

10.00a.m., until further orders.'' The other conditions shall remain unaltered.

¶7With the above said modification, these Criminal Original Petitions are allowed.

(P V M J)

22.07.2025 gvn To

¶1The Judicial Magistrate, Theni,

2.The Sub-Inspector of Police, Allinagaram Police Station, Trichy District.

¶3The Inspector of Police, Palanichettypatti Police Station, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.12100eofe2025eetcecases P.VADAMALAI,oJ. ooooooooooooooooooooooooooooooooooooooooooooogvn oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooin CRLoOP(MD).Nos.12100,o12102,oo12103,o 12104o&o12105oofo2025 ooooooooooooooooooooooooooooooDatedoo:o22/07/2025