Kumar, Aged 38 Years v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2017 C O R A M THE HONOURABLE Dr.JUSTICE P.DEVADASS Crl.O.P.No.478 of 2017 Kumar ..Petitioner/Accused-3 Vs.

State rep. by The Inspector of Police, J-9, Thoraipakkam Police Station, Chennai-97.(Crime No.2173/2016) ..Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439(1) (B) of Criminal Procedure Code, praying to relax the condition imposed by the learned Principal Sessions Judge, Chengalpet in Crl.M.P.No.3752 of 2016 by order dated 19.12.2016. For petitioner :

Mr.S.Balasubramanian For respondent :

Mr.K.Mathan Govt. Advocate (Crl. Side)

O R D E R

Petition for relaxation of the modified condition of the learned Principal Sessions Judge, Kancheepuram District at Chengalpet imposed in Crl.M.P.No.3752 of 2016 dated 19.12.2016.

2.As per the modified condition, he has to appear before the learned Judicial Magistrate-I, Chengalpet daily at 10.00 a.m. until further orders. Now, the petitioner seeks complete relaxation of the condition.

3.It has been submitted by the learned Government Advocate (Crl. Side) that the petitioner failed to attend for about 19 days before the learned Magistrate.

4.Practically, the petitioner had put his learned counsel in a predicament position. As usual, the learned counsel for the petitioner submitted that petitioner suffered from jaundice.

5.In the facts and circumstances of the case, there is no point in punishing the petitioner. Some solution has to be arrived at.

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6.Ordered as under:

The petitioner shall appear before the learned Judicial Magistrate-I, Chengalpet on 18.01.2017 and thereafter, on every Wednesday and Friday at 10.30 a.m. for two weeks. On his such compliance, the bail condition is completely lifted. 7.The said modified condition imposed by this Court today will come into force with effect from 18.01.2017. 6.Accordingly, this Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar DP To 1.The Principal Sessions Judge, Chengalpet.

2.The Judicial Magistrate-I, Chengalpet.

3.The Public Prosecutor, High Court, Chennai.

4.The Inspector of Police, J-9, Thoraipakkam Police Station, Chennai-97 Crl.O.P.No.478 of 2017 NMI(CO) Eu 12.1.17 https://hcservices.ecourts.gov.in/hcservices/