Madras High CourtCRL OP/14032/2016closed

Balamurugan v. The State Rep By

2016-07-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.14032 of 2016 Balamurugan ... Petitioner Vs The State rep by The Station House Officer, Managalam Police Station, Thro' Spl. Public Prosecutor, Puducherry.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to set aside the order passed by the Spl. Judge [under POCSO Act] at Puducherry in Crl.M.P.No.915 of 2016 dated 13.06.2016 and relax the condition imposed on the petitioner in Crl.M.P.No.674 of 2016 dated 05.05.2016 by the Spl. Judge [POCSO Act] at Puducherry.

For Petitioner : Mr.I.Paul Noble Devakumar For Respondent : Mr.M.R.Thangavelu, PP [Pondy]

O R D E R

This petition has been filed to set aside the order dated 13.06.2016 passed by the learned Spl. Judge [under POCSO Act] at Puducherry in Crl.M.P.No.915 of 2016 and relax the condition imposed on the petitioner in Crl.M.P.No.674 of 2016 dated 05.05.2016.

2. Heard the learned counsel for the petitioner; learned Public Prosecutor [Pondy] appearing for the respondent and perused the materials placed on record.

3. It is seen that this petitioner was granted bail on 05.05.2016 in Crl.M.P.No.674 of 2016 by the learned Spl. Judge [under POCSO Act], Puducherry, on condition that he should report before the Station House Officer, Yanam Police Station, twice daily at 10 a.m. and 5 p.m. The petitioner filed Crl.M.P.No.915 of 2016 before the learned Spl. Judge [under POCSO Act], Puducherry for relaxation of bail condition, which was dismissed on 13.06.2016, on the ground that the victim girl has just got married and if the condition is relaxed, there is every possibility of causing hindrance to the family of the victim girl.

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4. Taking into consideration all these aspects, this Court is of the view that it will be in the fitness of things, if the condition is modified to the effect that the petitioner shall report before the Station House Officer, Yanam everyday at 5.30 p.m. until further orders.

This petition is ordered accordingly.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gya To 1.The Spl. Judge [under POCSO Act], Puducherry.

2.The Station House Officer, Managalam Police Station, Puducherry.

3.The Public Prosecutor [Pondy], High Court, Madras.

4. The Station House Officer, Yanam.

+ 1 cc to M/s.I.Paul Noble Deva Kumar, Advocate SR NO 37304 CRL.OP.No.14032 of 2016 ca[co] gp/20.7.

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