Sahul Hamid Azaruddin v. The State Of A.P.

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO.5124 of 2016 ORDER :

This Criminal Petition is filed under Section 482 Cr.P.C. seeking relaxation of the condition imposed by the Special Sessions Judge-cum-IV Additional District and Sessions Judge, Tirupathi in Crl.M.P.No.2089 of 2015.

By an order dated 09.10.2015, passed in Crl.M.P.No.2089 of 2015 the Special Sessions Judge-cum-IV Additional District and Sessions Judge, Tirupathi, while releasing the petitioner on bail directed him to appear before the Station House Officer, B.N.Kandriga Police Station, on every Monday and Thursday between 10.00 a.m. and 01.00 p.m. till the date of filing of charge sheet. Subsequently, the petitioner filed Crl.M.P.No.139 of 2016 before the said Court seeking relaxation of the said condition, which was dismissed on 01.03.2016. Hence, the present petition.

Learned counsel for the petitioner submits that the petitioner has been complying with the said condition since more than three months; that the petitioner is suffering with pain in spinal cord and he is undergoing treatment for acute LS Strain-Discogenic Low Back Pain, for which doctor advised bed rest and as such it is very difficult for the petitioner to report before the SHO by traveling from Chennai twice a week. Learned Public Prosecutor opposed the same but did not dispute the sickness of the petitioner.

Having regard to the facts and circumstances of the case, the condition of the petitioner reporting before the Station House Officer concerned on every Monday and Thursday between 10.00 a.m. and 01.00 p.m. till the date of filing of charge sheet is hereby modified and the petitioner is directed to appear before the concerned Station House Officer once in ten days i.e. on every 10th, 20th and 30th of every

month, until further orders. The other conditions in the order shall remain un-altered.

Accordingly, the Criminal Petition is disposed of. _________________________ JUSTICE C. PRAVEEN KUMAR 21.04.2016 vhb