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Madras High CourtCRL MP/4101/2020ordered

Irshadurrahman, v. The State Rep.By

2020-06-10Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2020

CORAM

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl.M.P.No.4101 of 2020 in Crl.O.P.No.7513 of 2020 1.Irshadurrahman ... Petitioners 2.Mohamed Zamirul vs.

State by ... Respondent The Inspector of Police, B2, Vishnu Kanchi Police Station, Kanchipuram.

(Cr.No.426/2020) Prayer: Criminal Miscellaneous Petition filed under Section 482 Cr.P.C.to relax the bail condition imposed by this Court in Crl.O.P.No.7513 of 2020 dated 12.05.2020, that the petitioners shall not leave the Chennai city, until further orders; the petitioners shall inform about their residence in Chennai to the Commissioner, Corporation of Chennai and the petitioners shall put themselves inquarantine in the given residential address and relax the same, by permitting the petitioners to travel within India to enable them to go to their home town in Assam. For Petitioners : Mr.K.M.Aasim Shehzad for M/s.BFS Legal For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor

ORDER

The petitioners are arrayed as A11 and A12 in Cr.No.426 of 2020 for the offences under Sections 188, 269, 270 and 271 of IPC r/w Section 51(1)(b) Disaster Management Act,2005. The petitioners moved the bail application in Crl.O.P.No.7513 of 2020 vide order dated 12.05.2020 granted bail to the petitioners. The petitioners filed the petition for modification to relax the condition that the petitioners not to leave the Chennai city, until further orders; the petitioners shall inform about their residence in Chennai to the Commissioner, Corporation of Chennai and the petitioners shall put themselves in quarantine in the given residential address.

2. The learned counsel for the petitioners further submits that the petitioners are hailing from Assam and they are employed in a Private School there and due to prevailing condition they are unable to move from Chennai, attend to their job and live with their family and they are likely to lose their job. He further submits that as and when directed to appear before the investigating officer or jurisdictional court, they shall comply. The petitioners shall comply with the other conditions.

3. In view of the same and the petitioners have given their residential address in Assam in the petition and the local jurisdictional police address is also provided, the first petitioner is residing within the jurisdiction of Raha Police Station, Nagaon , Assam - 782103. The second petitioner is residing within the jurisdiction of Moirabari Police Station, Morigaon District, Assam - 782126, considering the difficulty expressed by the petitioner, this Court is inclined to modify the conditions viz, ( b) and ( d )in Crl.O.P.No.7513 of 2020, the petitioners are permitted to leave Chennai City, proceed to Assam shall live with their family and to continue their profession. The petitioner shall appear before the investigating officer or trial Court as and when required.

4. With the above modification, the criminal miscellaneous petition is ordered.

-sd/- 10/06/2020 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 INSPECTOR OF POLICE, B2, VISHNU KANCHI POLICE STATION, KANCHIPURAM.

2 THE OFFICER INCHARGE, RAHA POLICE STATION, NAGAON ASSAM-782103.

3 THE OFFICER INCHARGE MOIRABARI POLICE STATION, MORIGAON DISTRICT ASSAM-782126.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.BFS LEGAL Advocate on payment of necessary charges Order in CRL MP.4101/2020 in CRL.O.P.No.7513/2020 Date :10/06/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-25/09/2020