Mohamed Aslam v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P No.4308 of 2020 in Crl.O.P.No.7596 of 2020
1. Mohamed Aslam
2. Mohamed Abullais .. Petitioners Vs.
State rep. by Inspector of Police, Mayiladuthurai Police Station.
..Respondent crime no.286/2020 Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to relax the condition that the petitioners shall appear before the respondent police daily at about 10.30 a.m until further orders imposed by this Court in Crl.O.P No.7596 of 2020 dated 15.05.2020.
For Petitioners : Mr. A.Raja Mohamed For Respondent : Mr.K.Prabakar Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) This petition has been filed to relax the condition imposed on the petitioners that they shall appear before the respondent police daily at 10.30 a.m until further orders in Crl.O.P No.7596 of 2020 dated 15.05.2020.
2. The learned counsel for the petitioners submitted that the petitioners were arrested on 09.04.2020. This Court has granted bail to them in Crl.OP. No.7596 of 2020 on 15.05.2020 on conditions that the petitioners shall not leave the Chennai city until further orders and they shall inform about their respective residences in Chennai to the Commissioner, Corporation of Chennai and the petitioners shall put themselves in quarantine in the given residential addresses. Learned counsel for the petitioners would further submit that they were released from prison on 17.05.2020. Since the first petitioner alone was possessing the passport, the same was handed over to the prison authorities and after release from the prison, they are staying at No.63, Moore Street, Mannady, Chennai-1 and they have also
informed the Commissioner of Chennai Corporation about the said location. He would further submit that they had self quarantined themselves and the health authorities have conducted Covid test on them and they are tested negative for Covid. Since there was a condition that the petitioners shall not leave Chennai city, the entire family members who are residing at Bihar and Maharashtra respectively are very much woried about the petitioners. He would further submit that conditions imposed in respect of the similarly placed persons as that of the petitioners were relaxed by an order made in Crl.M.P. No.4101 of 2020 in Crl.OP. No.7513 of 2020 and hence, he prays to relax the condition.
3. The learned Additional Public Prosecutor submitted that the local police have verified and found that the petitioners are residing at Chennai.
4. Considering the facts and circumstances of the case and the submission made by both the learned counsel, the conditions imposed by this Court in Cl.(b) of the order in Crl.OP.No.7596 of 2020 dated 15.05.2020, that the petitioner shall not leave Chennai city is hereby relaxed. The petitioners are at liberty to go to their respective native places. The petitioners shall make their own arrangements for transportation from Chennai to their native places, after getting necessary permissios from the authorities concerned. 5.With the above direction, the petition is ordered. -sd/- 01/07/2020 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 STATE REPRESENTED BY INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
C.C. to M/S. A.RAJA MOHAMED Advocate on payment of necessary charges Order in CRL MP.4308/2020 in Crl.O.P.No.7596 of 2020 Date :01/07/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 17/08/2020