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Madras High CourtCRL OP/1348/2015bail granted

Shri R.Santhanam, Male v. State Represented By

2015-01-21Honourable Dr. Justice P. Devadass4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1348 of 2015

1. M.Rajesh

2. P.Murugesan ... Petitioners Vs State Rep. by The Inspector of Police, Annur Police Station, Coimbatore.

Crime No.495 of 2015 ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C to set aside the order dated 08.01.2016 made in Crl.M.P.No.60 of 2016 in Crl.M.P.No.3454 of 2015 on the file of the Principal District and Sessions Judge, Coimbatore in Crime No.495 of 2015 on the file of the respondent, consequently relax the condition dated 18.12.2015 made in Crl.M.P.No.3454 of 2015 on the file of the Principal District and Sessions Judge, Coimbatore in Crime No.495 of 2015 on the file of the Respondent. For Petitioner : Mr.B.Kumarasamy For respondent : Mr.C.Emalias, Addl.Public Prosecutor.

O R D E R

This petition has been filed to set aside the order dated 08.01.2016 made in Crl.M.P.No.60 of 2016 in Crl.M.P.No.3454 of 2015 on the file of the Principal District and Sessions Judge, Coimbatore in Crime No.495 of 2015 on the file of the respondent, consequently relax the condition dated 18.12.2015 made in Crl.M.P.No.3454 of 2015 on the file of the Principal District and Sessions Judge, Coimbatore.

2. The petitioners herein have been granted anticipatory bail in Crl.M.P.No.3454 of 2015 by the I Additional District Judge, Principal District Sessions Judge (I/C), Coimbatore on 18.12.2015, on condition that the petitioners shall appear before the Chief Judicial Magistrate, Thiruvarur, daily at 10.30 a.m. until further orders. The petitioners are regularly complying the conditions imposed by the I Additional District Judge, Principal District Sessions Judge (I/C), Coimbatore from 22.12.2015. On 05.01.2016, the petitioners filed Crl.M.P.No.60 of 2015 for relaxation of the above condition before the Principal District and Sessions Judge, Coimbatore. But the learned Principal District and Sessions Judge, by an order dated 08.01.2016 has dismissed the petition on the ground that the petitioners have complied with the condition only for 17 days. Hence the petitioners have come forward with the present Criminal Original petition for modification of the condition imposed in

Crl.M.P.N o.3454 of 2015, dt.18.12.2015.

3. Now the learned counsel for the petitioner submitted that the petitioners have been complying with the condition for more than 40 days and thus he sought for modification of the condition.

3. Considering the submission made by the learned counsel for the petitioners, this Court modifies the condition imposed by the learned Principal District and Sessions Judge, Coimbatore in C.M.P.No.3454 of 2015, dated 18.12.2015, to the effect that the petitioner shall appear before the respondent police every Saturday at 10.30 a.m. until further orders.

4. The criminal original petition is ordered accordingly. 29.01.2016 vrc Note : Issue Order Copy on 02.02.2016 To

1. The Principal District and Sessions Judge, Coimbatore.

2. The Chief Judicial Magistrate, Tiruvarur.

3. The Inspector of Police, Annur Police Station, Coimbatore.

4. The Public Prosecutor, High Court, Madras.

R.SUBBIAH, J.

vrc Crl.O.P.No.1348 of 2016 DATED: 29.01.2016