Madras High CourtCRL OP/7938/2020disposed of

K.Srinivasan v. The State Of Tamil Nadu

2020-05-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7938 of 2020 1.K.Srinivasan 2.Vinoth Kumar .. Petitioners/ Petitioners/A1&A2 Vs.

The State of Tamil Nadu Rep. By the Sub-Inspector of Police Ambur Taluk Police station Ambur Vellore District ... Respondent/ Respondent/ Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to modify the bail condition that the petitioners should appear and sign before the Respondent police daily at 10.30 a.m. for a period of 30 days (including holidays) from the next day of execution of the bond before the Trial Court imposed on the petitioners in the E-Bail Order dated 21.05.2020 in E-Bail No.1112 of 2020 on the file of the Principal Sessions Judge, Vellore.

For Petitioners : Mr.K.Selvaraj

ORDER

(The case has been heard through video conference) The petition has been filed seeking to modify the bail condition that the petitioner shall appear and sign before the respondent/police daily at 10.30am for a period of thirty days (including holidays) from the next day of execution of the bond before the trial Court imposed on the petitioners in the E-Bail Order dated 21.05.2020 in E-Bail No.1112 of 2020 on the file of the Principal Sessions Judge, Vellore.

2.The learned counsel for the petitioner would submit that the 1st petitioner is working in Border Security Force as CT/KAHAR, he had come to his native place on holidays. He has been falsely implicated in the case in Cr.No.773 of 2020 https://hcservices.ecourts.gov.in/hcservices/

registered by the respondent police and thereby he was constrained to approach the learned Principal Sessions Judge, Vellore seeking anticipatory bail in E.Bail.No.1112 of 2020 and the learned Judge by an order dated 21.05.2020 granted anticipatory bail on condition to appear and sign before the respondent police daily at 10.30am for a period of thirty days (including holidays). The learned counsel would further submit that the first petitioner is working in BSF and if he is directed to comply with the bail condition for thirty days, he may not be able to return to his place of duty and thereby he would face hardship and it will affect his career. Further, the second petitioner is suffering from ailments and thereby seeks to modify the conditions.

3.The learned Additional Public Prosecutor appearing for the respondent vehemently opposed the petition for modification. 4.Heard both sides and perused the available materials. 5.Considering the facts and circumstances, the petition is partly allowed in respect of the first petitioner alone, by modifying the conditions by directing him to appear before the respondent/police daily at 10.30am for a period of 15days from the next day of execution of bail bond. Insofar as the second petitioner is concerned the petition stands dismissed. All other conditions imposed by the Principal Sessions Judge, Vellore in E.Bail No.1112 of 2020 dated 21.05.2020 remains unaltered.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kas To.

1. The Sub-Inspector of Police Ambur Taluk Police station Ambur Vellore District 2.The Public Prosecutor High Court of Madras Chennai 600 104 Crl.O.P.No.7938 of 2020 KJ(CO) RMP(23/07/2020) https://hcservices.ecourts.gov.in/hcservices/