Pari v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5076 of 2019 Pari .. Petitioner Vs.

State represented by Station House Officer, Lawspet Policee Station, Puducherry.

Crime No.17 of 2010 .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to set aside the order dated 04.12.2018 in Cr.M.P.No.2550 of 2018 in Cr.M.P.No.2347 of 2018 on the file of Principal Sessions Judge, Puducherry.

For Petitioner : Mr.K.Sudhakar For Respondent : Mr.V.Balamurugan Additional Public Prosecutor (Puducherry)

O R D E R

This Criminal Original Petition has been filed challenging the order passed by the Court below in Cr.M.P.No.2550 of 2018 in Cr.M.P.No.2347 of 2018 on the file of the Principal Sessions Judge, Puducherry, thereby dismissing the petition filed by the petitioner under Section 439(1)(b) of Cr.P.C. to relax the condition imposed on the petitioner.

2. The learned Principal Sessions Judge, Puducherry, while grating bail to the petitioner imposed on condition that the petitioner shall appear and sign before the Judicial Magistrate-I, Puducherry, daily at 10.30 a.m. continuously, from the date of his release on bail without fail, until further orders without seeking any relaxation till the committal of PRC and subsequently relaxation petition was filed by the petitioner and the same was dismissed on 04.12.2018.

3. It is seen that the petitioner is arrayed as A2 in Crime No.17 of 2010 for the offence under section 342, 302, 364 of IPC r/w. 34 of IPC. It is also seen that the petitioner was https://hcservices.ecourts.gov.in/hcservices/

released on bail and jumped out of bail, NBW was issued against the petitioner and he was in judicial custody and subsequently released on bail. Therefore, the Trial Court has imposed the said condition.

4. Considering the facts and circumstances of the case, this Court modifies the condition to the effect that the petitioner shall appear before the Judicial Magistrate-I, Puducherry on Monday, Wednesday and Friday at 10.30 a.m. till the committal of PRC.

5. With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mpa/lpp To 1.The Station House Officer, Lawspet Police Station, Puducherry.

2.The Principal Sessions Judge, Puducherry.

Copy To The Judicial Magistrate I, Puducherry.

+1cc to Mr.K.Sudhakar, Advocate, S.R.No.17886 +1cc to the Public Prosecutor for Puducherry, S.R.No.18023 Crl.O.P.No. 5076 of 2019 MG(CO) RRS(16/04/2019) https://hcservices.ecourts.gov.in/hcservices/