Mahalakshmi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.5390 of 2020 Mahalakshmi ... Petitioner/Accused Vs.

State rep. by Inspector of Police, Pallavaram Police Station, Pallavaram, Chennai (Crime No.11 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C. to relax the bail condition of the petitioner to report before the respondent police daily at 10.00am until further order which imposed by the Principal Sessions Judge, Chengalpet in Crl.MP.No.611 of 2020 in Cr.No.11 of 2020. For Petitioner : Mr.C.Dakshinamurthy For Respondent : Ms.S.Thankira Govt. Advocate (Criminal Side).

O R D E R

This criminal original petition has been filed to modify the condition imposed by the Principal Sessions Judge, Chengalpet in Crl.MP.No.611 of 2020 in Cr.No.11 of 2020.

2. The learned counsel for the petitioner would submit that the petitioner was arrested on 17.01.2020 by the respondent police in Crime No.11 of 2020 for the offences punishable under Sections 435 and 436 of IPC.

3. The learned counsel for the petitioner would submit that the petitioner had filed a petition for bail in C.M.P.No.611 of 2020 before the Principal Sessions Court, Chengalpattu and the learned Principal Sessions Judge by an order dated 31.01.2020, granted bail to the petitioner, on condition to deposit a sum of Rs.25,000/- before the Judicial Magistrate No.II, Tambaram in Cr.No.11 of 2020 and to report before the respondent police daily at 10.00am until further orders.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner is complying with the conditions regularly.

5. Earlier the petitioner approached this Court in Crl.OP.No.2656 of 2020 for modification of the conditional bail to deposit a sum of Rs.25,000/- before the Judicial Magistrate https://hcservices.ecourts.gov.in/hcservices/

No.II, Tambaram in Cr.No.11 of 2020. This Court by an order dated 10.02.2020, set aside the condition to deposit a sum of Rs.25,000/- and observed the other condition imposed by the Court below shall stand as it is. Now the petitioner has come up with the present petition for relaxing the bail condition imposed by the trial Court to report before the respondent police daily at 10.00am until further order in Crl.MP.No.611 of 2020 in Cr.No.11 of 2020.

6. Taking into consideration, the facts and circumstances of the case, the condition imposed by the trial Court in Crl.MP.No.611 of 2020 in Cr.No.11 of 2020 dated 31.01.2020 to appear before the respondent police daily at 10.00am, until further order is relaxed and the petitioner is directed to appear before the respondent police once in a month i.e, on first working day of every month at 10.30am., until further orders.

7. Accordingly, the petition is allowed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar tsh To

1. The Principal Sessions Judge, Chengalpattu.

2. The Inspector of Police, Pallavaram Police Station, Pallavaram, Chennai

3. The Judicial Magistrate II, Tambaram

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.5390 of 2020 aa19/03/2020 https://hcservices.ecourts.gov.in/hcservices/