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Madras High CourtCRL OP/3361/2017disposed of

Sathiesh @ Sathishkumar, v. State Rep. By

2017-04-10Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.3361 of 2017 1.Sathiesh @ Sathishkumar 2.Kaviarasan 3.Balu @ Balamurugan ... Petitioners Vs State rep. by the Station House Officer, Mangalam Police Station, Puducherry.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the order passed suitably in Cr.MP No.214 of 2017 dated 01.02.2017 by the Principal Sessions Judge, Puducherry so as to enable the petitioner to comply with the order.

For Petitioner :

Mr.R.Sreedhar For Respondent :

Mr.P.Thangavel, Additional Public Prosecutor (Puducherry)

ORDER

This Criminal Original Petition has been filed to modify the order dated 01.02.2017 passed by the learned Principal Sessions Judge, Puducherry, so as to enable the petitioners to comply with the same.

2. The case of the petitioners is that they have been implicated as accused in Crime No.9 of 2017 by the respondent police, for the alleged offences punishable under Sections 294 (b), 324 and 506(ii) IPC r/w Section 34 IPC. Apprehending arrest, they moved Cr.MP.No.214/2017 seeking anticipatory bail before the learned Principal Sessions Judge, Puducherry. By order dated 01.02.2017, the petitioners were granted anticipatory bail, subject to certain conditions, one of which is that they shall appear and sign before the SHO, Yanam Police https://hcservices.ecourts.gov.in/hcservices/

Station daily at 10.00 am and 5.30 p.m. from the date of their release on anticipatory bail without fail for the period of one month and thereafter, they shall approach this court for further orders. Aggrieved over the same, they have filed the present petition seeking modification of the said order.

3. Learned counsel for the petitioners submitted that since the petitioners have come up with the present petition seeking modification of the order dated 01.02.2017, they did not surrender before the court concerned and comply with the said order as directed by the learned Principal Sessions Judge, Puducherry.

4. Such submission raised on the side of the petitioners cannot be countenanced. However, in order to provide an opportunity to the petitioners, this Court directs the petitioners to surrender before the Judicial Magistrate No.IV, Puducherry on 17.04.2017 and comply with the order dated 01.02.2017 passed by the learned Principal Sessions Judge, Puducherry without fail.

5. This Criminal Original Petition is disposed of accordingly. Registry is directed to return the original copy of the order dated 01.02.2017 by substituting xerox copy of the same, along with this order.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar rk To 1.The Principal Sessions Judge, Puducherry.

2.The Judicial Magistrate No.IV, Puducherry.

3.The Station House Officer, Mangalam Police Station, Puducherry.

4.The Station House Officer, Yanam Police Station, Puducherry.

5.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.3361 of 2017 mp(co) ss(10/4/2017) https://hcservices.ecourts.gov.in/hcservices/