T.Sivasubramanian v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2020

CORAM:

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR Crl.M.P.No.4141 of 2020 in Crl.O.P.No.6702 of 2020 T.Sivasubramanian .. Petitioner Vs.

The state rep.by The Inspector of Police, City Crime Branch, Coimbatore , Crime No.3/2020 ... Respondent Prayer : Criminal Original Petition filed under Section 439 Cr.P.C., to relax/modify the bail condition 12(c ) in the order dated 11.05.2020 in Crl.O.P.No.6702 of 2020 and may be pleased to permit the petitioner to return and stay at Chennai and report before any of the Police Station at Chennai preferably before nearest S-7 Madipakkam Police, Chennai, instead of respondent police at Coimbatore.

For Petitioner : Mr.N.Ramesh For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

The petitioner appearing before the respondent daily now seeks modification.

2. Heard the learned counsel for the petitioner.

3. The learned counsel for the intervenor objected for grant of modification stating that departmental proceedings have been initiated against the petitioner at Thoothukudi. The petitioner, while being suspended from service of the Bank and receiving subsistence allowance, one of the condition is that the petitioner should stay at the Head Quarters prescribed, the petitioner cannot now seek modification to move and stay with family at Madipakkam, Chennai. Further, the petitioner, to avoid and delay the departmental proceedings initiated against him, is seeking for modification.

4. The learned Additional Public Prosecutor submitted that in this case investigation has been completed and charge sheet has been filed before the Judicial Magistrate No.VII, Coimbatore. Further, reporting of the petitioner before the respondent in view of the same is not required.

5. Considering the said submission of the petitioner, intervenor as well as the learned Additional Public Prosecutor, this Court is inclined to relax the bail condition 12(c) in the order dated 11.05.2020 in Crl.O.P.No.6702 of 2020 to the extent as follows :

1) that the petitioner shall stay with his family at Madipakkam Chennai;

2) that the petitioner shall co-operate with the departmental proceedings as and when called for the enquiry. The petitioner shall not be a reason for any delay in the departmental proceedings citing the above relaxation;

3) that the petitioner shall appear before the trial Court as and when he receives summon.

6. With the above modifications, this petition is allowed. -sd/- 16/06/2020 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 JUDICIAL MAGISTRATE, NO.VII, COIMBATORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, COIMBATORE.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

5 THE OFFICER INCHARGE, S-7 MADIPAKKAM POLICE STATION, CHENNAI.

C.C. to M/S.N.RAMESH Advocate on payment of necessary charges Order in Crl.M.P.No.4141 of 2020 in Crl.O.P.No.6702 of 2020 Date :16/06/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 28/09/2020