A.M. Basheer Ahamed, J.

1. These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S. S.E. MONICA VINCENT, Advocate for the petitioner in both the petitions and of M/S. RKANDASAMY, Government Advocate (Crl. Side) on behalf of the Respondents in both the petitions the court made the following order:-

The petitioner in both the Criminal Original Petitions are one and the same. The Petition in Crl.O.P. (MD) No. 23934 of 2016 has been filed praying to modify the order in Cr.M.P. No. 244 of 2015, dated 20.01.2015, on the file of the learned Judicial Magistrate, Melur, to modify the bail conditions to release on personal bond from the date of the order. The Petition in Crl.O.P. (MD) No. 23936 of 2016 has been filed praying to modify the order in Cr.M.P. No. 6380 of 2014, dated 05.09.2014 on the file of the learned District Munsif-cum-Judicial Magistrate, Vadipatti, to modify the bail conditions to release on personal bond from the date of the order.

The Petitioner in Crl.O.P. (MD) No. 23934 of 2016 is an accused in Crime No. 531 of 2012 for the offence punishable under Sections 457 and 392 of IPC, and in Crime No. 324 of 2013, for the offences punishable under Section 394 of IPC, of Othakadai Police Station and in Crime No. 828 of 2012, for the offences punishable under Section 394 and 397 of IPC, of Melur Police Station, Madurai District. The same petitioner in Crl. O.P. (MD) No. 23936 of 2016 is an accused in Crime No. 85 of 2013 of Kadupatti Police Station of Madurai District and he is also an accused in Crime No. 4 of 2013, for the offence punishable under Section 392 r/w 511 of IPC, on the file of Karupayurani Police, Madurai District.

2. The learned counsel appearing for the petitioner would contend that the petitioner was granted bail on 20.01.2015 in Cr.M.P. No. 244 of 2015 by the learned Judicial Magistrate, Melur, in Crime No. 531 of 2012; Crime No. 324 of 2013 of Othakadai Police Station and in Crime No. 828 of 2012 of Melur Police Station, considering the custody of the petitioner beyond the petitioner prescribed in the Code, on executing a bond for a sum of Rs. 5000/- with one surety each like a sum and a condition that he should appear before that Court daily at 10 a.m., for 15 days.

3. The counsel for the petitioner would further submit that the petitioner was released on bail by the learned District Munsif-cum-Judicial Magistrate, Vadipatti in Crime No. 85 of 2013 of Kadupatti Police Station, as per order, dated 05.09.2014 in Cr.M.P. No. 6380 of 2014, considering his custody from 04.01.2014 onwards for 8 months, on executing a bond for Rs. 10,000/- with two sureties each for a like sum and also a condition that he should appear and sign before the concerned Police Station at 10.00 a.m., daily for 15 days and the petitioner was granted bail on 01.03.2016 by the learned Judicial Magistrate No. 2, Madurai, in Crime No. 4 of 2013 of Karupayurani Police Station, on execution of a bond for a sum of Rs. 10,000/- with one surety like a sum and on condition that he should appear before the concerned Police Station daily at 10.00 a.m., until further orders.

4. The learned counsel appearing for the petitioner would further contend that the petitioner is in Central Jail, Madurai, as under trial prisoner from 11.12.2013 onwards and despite the bail orders, the petitioner has been languished in Madurai Prison without recourse to be set at liberty and since the petitioner is a coolie and his family is poor household, the petitioner has not able to produce the necessary sureties and get released on bail and as such, the petitioner has no one to come to aid for the release of the petitioner on bail and the petitioner, as a sole bread winner of the family, has been incarcerated for over three years now, his wife and two young children have been out of touch.

5. The learned Government Advocate (Crl. side) appearing for the respondents, on instructi