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Madras High CourtCRL OP/8170/2017modified

Dhanalakshmi 40 Yrs, v. Inspector Of Police ,

2017-04-25Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.8170 of 2017 1.Dhanalakshmi 2.Subbaiah 3.Chithra 4.Kanagaraj ... Petitioners Vs State rep. by Inspector of Police, Dharapuram Police Station, Dharapuram, Tiruppur District.

... Respondent Criminal Original Petition filed under Section 439(b) Cr.P.C to modify the condition that the petitioners should appear before the respondent police daily at 10.30am and 5.00pm imposed in Crl.MP.No.391 of 2017 dated 04.04.2017 by the Principal Sessions Judge, Tiruppur.

For Petitioners :

Mr.N.Ponraj For Respondent :

Mr.C.Emalias, APP

ORDER

This Criminal Original Petition has been filed to modify the condition imposed on the petitioners, by order dated 04.04.2017 passed by the learned Principal Sessions Judge, Tiruppur in Crl.M.P No.391 of 2017.

2. It is the case of the petitioners that they were implicated as accused in Crime No.154 of 2017 for the alleged offences punishable under Sections 294(b), 427 and 506(ii) IPC r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act 1989 and SC/ST Amendment Ordinance 2015. Pursuant to the order of this Court dated 22.03.2017 passed in Crl.OP.No.5635/2017, the petitioners have surrendered before the learned Principal Sessions Judge, Tiruppur and have filed a petition in CMP.No.391/2017 seeking bail. By order dated 04.04.2017, the learned Judge has granted bail subject to certain conditions,

one of which is that they have to appear before the respondent police daily at 10.30am and 5.00pm until further orders. Aggrieved over the same, the petitioners are before this Court with the present petition seeking modification of the said condition.

3. Learned counsel for the petitioners submitted that the petitioners are living in lower rungs of society and they are the sole bread winners of their respective families. In such circumstances, it is very difficult for them to appear twice before the respondent police. Therefore, learned counsel prayed for modification of the condition.

4. Heard the learned Additional Public Prosecutor taking notice for the respondent, who submitted that the petitioners are regularly complying with the condition imposed by the lower court.

5. Considering the facts and circumstances of the case and taking note of the submissions made on either side, this Court is inclined to modify the condition imposed on them, with regard to report before the respondent police daily at 10.30am and 5.00pm until further orders, as follows:

"The petitioners shall report before the respondent police as and when required for interrogation."

Except the above, the other conditions remain unaltered.

6. This Criminal Original Petition is disposed of accordingly.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The Principal Sessions Judge, Tiruppur.

2.Inspector of Police, Dharapuram Police Station, Dharapuram, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr. N. PONRAJ, Advocate Sr.No. 25232 Crl.O.P.No.8170 of 2017 KS (CO) TA 16/05/2017