Madras High CourtCRL OP/20828/2017modified

Sengodan (M/70) v. State Rep.By

2017-10-12Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.20828 of 2017

1. Sengodan

2. Pavayee

3. Alamelu

4. Chinnthamani ..

Petitioners Vs.

State rep.by Inspector of Police, Belukurichi Police Station, Namakkal district.

Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to modify the condition imposed on the petitioners in Crl.M.P.No.938/2017 in CMP.No.1041 of 2017 dated 24.08.2017 by the Principal Sessions Judge, Namakkal. For Petitioners :

Mr.G.Mohammed Aseef For Respondent :

Mr.P.Govindarajan Additional Public Prosecutor.

ORDER

This petition has been filed to modify the conditions imposed in Crl.M.P.No.938 of 2017 in CMP No.1041 of 2017 dated 24.08.2017 directing the petitioners to appear before the Trichy Contonment Police Station daily twice at 10:00 a.m. and 5:00 p.m. for a period of one month.

2. The learned counsel for the petitioners submitted that the petitioners are residents of Namakkal district and more over the first and second petitioners are senior citizens and that the petitioners expressed their inability to appear before the Trichy contonment Police Station twice daily and hence they seek for modification.

3. This Court perused the Order passed in Crl.M.P. No.938 of 2017 in CMP No.1041 of 2017 dated 24.08.2017.

4. In my view, the learned Principal Sessions Judge, Namakkal having taken decision of releasing the petitioners on Anticipatory Bail ought not to have imposed onerous condition, thereby making the bail order not executable. It is ordered that the condition imposed by this Court in Crl.M.P. No.938 of 2017 https://hcservices.ecourts.gov.in/hcservices/

in CMP No.1041 of 2017 dated 24.08.2017 directing to appear before the Trichy contonment Police Station daily twice at 10:00 a.m. and 5:00 p.m. for a period of one month, shall stand modified to the effect that the petitioners shall appear before the Sub Inspector of Police, Belukurichi Police Station, Namakkal District daily at 10:00 a.m. for a period of 15 days and thereafter the petitioners shall appear before the respondent police as and when required. The other conditions imposed by the learned Principal Sessions Judge, Namakal dated 24.08.2017 shall remain intact.

5. This petition is ordered accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar dpq To

1. The learned Principal Sessions Judge, Namakkal.

2. The Inspector of Police, Belukurichi Police Station, Namakkal district.

3. The Public Prosecutor, High Court, Madras.

4.The Inspector of Police Trichy Contonment Police Station Trichy +1 cc to M/s.G.Mohammed Aseef Advocate sr 78000 dt 03/11 Crl.O.P.No.20828 of 2017 ss(co) aa02/11/2017 https://hcservices.ecourts.gov.in/hcservices/