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Madras High CourtCRL OP/8405/2017modified

A.Tamilarasu, Aged 56 Yrs, v. The 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.8405 of 2017 1.A.Tamilarasu 2.M.Jagadeesan 3.Murugan 4.S.K.Thiyagu @ Thiyagarajan 5.Chinnadurai 6.Ramagounder 7.Prabhu 8.Balakrishnan 9.S.P.Madhaiyan 10.Karthi 11.Paulraj 12.Mariappan 13.Muthusamy 14.Ragupathi 15.Gowri 16.Dhanam 17.Kala 18.Janaki 19.Phuspha 20.Rani 21.Govindhammal 22.Pavayee ... Petitioners Vs State by Inspector of Police, Omalur Police Station, Salem District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition imposed upon the petitioners in Crl.MP.No.1225 of 2017 by the Principal Sessions Judge, Salem order dated 13.4.2017.

For Petitioners:

Mr.K.Balu 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 13.04.2017 passed by the learned Principal Sessions Judge, Salem in Crl.M.P No.1225 of 2017.

2. It is the case of the petitioners that they were implicated as accused in Cr.No.258 of 2017 on the file of the respondent police for the alleged offences punishable under Sections 143, 147, 188, 283, 343, 353 and 506(ii) IPC. Apprehending arrest, they filed a petition in CMP.No.1225 of 2017 before the learned Principal Sessions Judge, Salem seeking anticipatory bail. By order dated 13.04.2017, the learned Judge has granted anticipatory bail to the petitioners subject to certain conditions, one of which is that they have to stay at Namakkal and appear and sign before the Judicial Magistrate No.I, Namakkal on all court working days at 10.30am 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 the sole bread winners of their respective families and they are employed in their respective native places. In such circumstances, they find it difficult to comply with the condition imposed on them. Therefore, learned counsel prayed for modification of the same.

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 stay at Namakkal and appear and sign before the Judicial Magistrate No.I, Namakkal daily at 10.30am until further orders, as follows:

"The petitioners 1 to 14 shall report before the respondent police daily at 10.30am until further orders. The petitioners 15 to 22 being ladies, 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/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar rk To 1.The Principal Sessions Judge, Salem.

2.The Judicial Magistrate No.I, Namakkal.

3.The Inspector of Police, Omalur Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Balu,Advocate sr.24970 Crl.O.P.No.8405 of 2017 pa(co) ss(15/5/2017)