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Madras High CourtCRL MP/4959/2022modified

Nagamani, v. State Rep By

2022-04-13Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL MISCELLANEOUS PETITION No.4959 of 2022 IN CRL.R.C.No.882 OF 2018 1 NAGAMANI [ PETITIONERS ] 2 KATRU PERUMAL Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERANAMALLUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

CR.NO. 244 OF 2006 Petition praying that in the circumstances stated therein the High Court will be pleased to Relax the condition imposed on the petitioner herein by this Honble court in Crl.MP.10021/2018 in Crl.RC.882/2018 by an order dated 05.09.2018 in directing the petitioner to appear before the Learned Judicial Magistrate No.2, Cheyyar Tiruvannamalai District on every 1st Working day of every month at 10.30am pending Crl.R.C.No.882/2018. Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S L.MAHANDRAN, Advocate for the petitioner and of M/S R.KISHORE KUMAR, Govt. Advocate ( Crl. Side)on behalf of the Respondent the court made the following order:- Earlier, the petitioners were granted bail by suspending sentence in Crl.M.P.No.10021 of 2018 in Crl.R.C.No.882 of 2018 by this Court by an order dated 05.09.2018. Among the other conditions, one of condition that the petitioners shall appear before the learned Judicial Magistrate No.2, Cheyyar, Tiruvannamalai District on every 1st working day of every month at 10.30 a.m.

2. The contention of petitioners is that, both the petitioners are employed at Hosur as daily wagers and they ought to travel miles away for complying the condition every month, thereby they have to forego their daily wages and travel long distance, due to which, they are put to hardship. They would also submit that they are complying the condition without any default from the year 2018. Hence, they sought for relaxation of condition.

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3. Considering the facts and circumstances and also considering the fact that the petitioners are daily wagers and they presently employed at Hosur, this Court is inclined to modify the condition to the effect that the petitioners shall report before the learned Judicial Magistrate No.2, Cheyyar, on the first working day of the month, once in three months, at 10.30 a.m. until further orders. -sd/- 13/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE,NO.II, CHEYYAR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 3 THE ASSISTANT SESSIONS JUDGE, CHEYYAR, TIRUVANNAMALAI DISTRICT.

4 THE INSPECTOR OF POLICE, PERANAMALLUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

5 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS. 6 THE ADDITIONAL DISTRICT SESSIONS JUDGE(FAST TRACK COURT), ARANI, TIRUVANNAMALAI C.C. to M/S L.MAHANDRAN Advocate on payment of necessary charges Sr.5643 Order in CRL MP.4959/2022 IN CRL.R.C.No.882 OF 2018 Date :13/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 21/04/2022 https://hcservices.ecourts.gov.in/hcservices/