T.S.Rajamani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7535 of 2019 1.T.S.Rajamani 2.Malliga 3.Vasanthamani

...Petitioners

Vs.

State rep by The Inspector of Police, Palladam Police Station, Palladam.

(Crime No.79 of 2019)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.,to call for the entire records pertaining to the order in Crl.M.P.No.296 of 2019 in Crl.M.P.No.145 of 2019 dated 12.03.2019 on the file of the learned Principal District and Sessions Judge, Tirupur and set aside the same consequently relax the condition imposed on the petitioners/accused in the order dated 04.02.2019 passed in C.M.P.No.145 of 2019 on the file of the learned Principal District and Sessions Judge, Tiruppur.

For Petitioners : Mr.R.Selvakumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to challenge the order passed by the Court below in Crl.M.P.No.296 of 2019 in Crl.M.P.No.145 of 2019 by an order dated 12.03.2019, and to relax the condition imposed the petitioners/accused in C.M.P.No.145 of 2019 by an order dated 04.02.2019, for the offence under Sections 294(b), 323, 324,342 and 506(ii) of IPC, while granting bail.

2. Heard both sides.

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3. The learned counsel for the petitioners submitted that the petitioners could not comply with the condition imposed by the Court below in C.M.P.No.145 of 2019 by an order dated 04.02.2019, on account of medical grounds. They have also produced medical certificate in support of the same. Hence, they pray for relaxation of the said condition.

4. The learned Additional Public Prosecutor submitted that since the petitioners have not complied with the conditions imposed by the Court below, the order already granted on 04.02.2019 got dismissed.

5. Considering the above submissions made by both the counsels, this Court is of the view that, the condition imposed by the Court below in C.M.P.No.145 of 2019 by an order dated 04.02.2019 is relaxed. However, the petitioners shall himself be available, as and when required by the respondent. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mpa/rm To

1. The Principal District and Sessions Judge, Tiruppur.

2. The Inspector of Police, Palladam Police Station, Palladam.

3. The Public Prosecutor, High Court of Madras.

+1 cc to Mr.M.Thirunavukkarasu, Advocate, S.R.No.27254 Crl.O.P.No.7535 of 2019 MU(CO) SSM(24/04/2019).

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