Diinesh Gaur v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11451 of 2015 Dinesh Gaur .. Petitioner/Accused Vs.

State rep. by its Station House Officer, Mettupalayam Police Station, Puducherry.

.. Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to set aside the order dated 20.04.2015 passed in Crl.M.P.No.714 of 2015 on the file of the learned Principal Sessions Judge, Puducherry and modify the condition imposed in the order dated 13.02.2015 in Crl.M.P.No.217 of 2015 on the file of the learned Principal Sessions Judge, Puducherry.

For Petitioner : Mr.P.Veeraraghavan For Respondent : Mr.A.Tamilvanan, Government Advocate (Pondicherry)

O R D E R

This Criminal Original Petition has been filed by the petitioner praying to set aside the order dated 20.04.2015 passed by the learned Principal Sessions Judge, Puducherry, in Crl.M.P.No.714 of 2015 and modify the condition imposed by the learned Principal Sessions Judge, Puducherry, in Crl.M.P.No.217 of 2015, dated 13.02.2015.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate, Pondicherry, appearing for the respondents.

3. The petitioner was initially granted anticipatory bail by the learned Principal Sessions Judge, Puducherry, in Crl.M.P.No.217 of 2015, by order dated 13.02.2015, on condition that he shall report before the respondent police once in a day at 9.00 a.m. continuously from the date of his release on bail. The said condition was subsequently relaxed by the learned Principal Sessions, in Crl.M.P.No.494 of 2015, dated 30.03.2015, for a period of 20 days from 31.03.2015 to 19.04.2015 and modified to the effect that the petitioner shall report before the respondent police once https://hcservices.ecourts.gov.in/hcservices/

in a week i.e., on every Monday at 9.00 a.m., starting from 20.04.2015 until further orders, on the ground that the petitioner wanted to go to Rajasthan to see his father. Thereafter, the petitioner filed a petition in Crl.M.P.No.714 of 2015 for relaxing the said condition for a week from 20.04.2015 to 27.04.2015. The said petition was dismissed by the learned Principal Sessions Judge, Puducherry, by order dated 20.04.2015. Aggrieved by the said order of dismissal, the petitioner is before this Court.

4. Learned counsel for the petitioner submits that the petitioner was suffering from serious health problem and that is the reason why, he has not appeared before the respondent police as directed by the learned Principal Sessions Judge. Learned counsel for the petitioner further submits that the petitioner is now ready and willing to appear before the respondent police.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner is directed to appear before the respondent police on 11.05.2015 and thereafter he shall report before the respondent police on every Monday at 10.00 a.m. until it is subsequently relaxed by the learned Principal Sessions Judge. The petitioner is liberty to move before the Sessions Judge, for further relaxation. If the petitioner does not report before the respondent police on every Monday at 10.00 a.m., the anticipatory bail granted to him shall stand automatically cancelled and the respondent is at liberty to arrest the petitioner.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Jrl To

1. The Principal Sessions Judge, Puducherry.

2. The Station House Officer, Mettupalayam Police Station, Puducherry.

3. The Public Prosecutor, for Pondicherry High Court, Madras.

Crl.O.P.No.11451 of 2015 AD(CO) EU 05.05.2015 https://hcservices.ecourts.gov.in/hcservices/