Payas Ahamed, M/A. 40 Years, v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2018

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4520 of 2018 Payas Ahamed ... Petitioner Vs.

State rep. by The Inspector of Police, S-9, Pazhavanthangal Police Station, Chennai.

(Crime No.1071/2017) ... Respondent Prayer: Criminal Original Petition filed under Section 439(1)(b) Cr.P.C., to modify the condition imposed on the petitioner in C.M.P.No.6458 of 2017 in Crime No.1071 of 2017 on the file of the learned Judicial Magistrate, Alandur.

For Petitioner : Mr.R.Thamaraiselvan For Respondent : Ms. Saratha Devi Government Advocate (Crl. Side)

O R D E R

This petition has been filed to modify the condition imposed on the petitioner, by order dated 04.01.2018, in C.M.P.No.6458 of 2017 in Crime No.1071 of 2017, on the file of the learned Judicial Magistrate, Alandur.

2. The petitioner was arrested by the respondent police for the offence punishable under Section 379 of IPC and by order dated 04.01.2018, the petitioner was released on bail by the learned Judicial Magistrate, Alandur in C.M.P.No.6458 of 2017, with a condition to appear before the respondent police for a period of 30 days. This petition has been filed seeking modification of condition, directing the petitioner to appear before the any Police Station in Thiruvannamalai.

3. The learned counsel for the petitioner would submit that the petitioner is having giddiness and chest pain, a case of hypertension and advised to admit in the hospital and thereby he was unable to comply with the condition.

https://hcservices.ecourts.gov.in/hcservices/

4. I have gone through the medical certificate of the petitioner and also the condition imposed on him. It is a case, where the petitioner was granted bail for the offence punishable under Section 379 of IPC and hence I am not inclined to grant modification. However, the period of the petitioner's absence from 04.01.2018, is condoned and the petitioner is directed to appear before the respondent police daily at 10.30 a.m, for a period of 15 days.

5. This petition is ordered accordingly.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rts To

1. The Presiding Officer, Judicial Magistrate, Alandur.

2. The Inspector of Police, S-9, Pazhavanthangal Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Thamaraiselvan, Advocate, S.R.No.15156 Crl.O.P.No.4520 of 2018 AD(CO) RRK(08/03/2018) https://hcservices.ecourts.gov.in/hcservices/