R.Maruthachalam v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.No.4631 of 2020 in Crl.O.P.No.5635 of 2020 1.R.Maruthachalam 2.R.Visalakshi 3.Sanjevee 4.Saravanan 5.Amsaveni ... Petitioners Vs.

The State represented by, The Inspector of Police, District Crime Branch,Erode District.

... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 438 Cr.P.C. to modify the condition imposed, that the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders in Crl.O.P.No.5635 of 2020, dated 17.03.2020.

For Petitioner : Mr.R.Jayaprakash For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) This Criminal Miscellaneous Petition has been filed to modify the condition imposed viz., "the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders" by this Court in Crl.O.P.No.5635 of 2020, dated 17.03.2020.

2. The learned counsel for the petitioner would submit that the petitioners are residing at Coimbatore and the respondent is at Erode due to the lockdown, the petitioners were unable to comply with the conditions order passed by this Court in Crl.O.P.No.5635 of 2020, dated 17.03.2020 and further the order copy was received on 21.07.2020 and thereby, they

were unable to surrender before the Concerned Court. However, the learned counsel for the petitioner would seeks for modify of the condition and extension of time.

3. Taking into consideration and the submissions made by the learned counsel and the pandemic situation, this Court is inclined to extend the time and modify the conditions.The petitioners shall appear within 15 days from lifting of lockdwon or the resumption of Court's normal functioning whichever is earlier, before the learned Judicial Magistrate Court No.II Erode,Once movement between two districts are relaxed, the petitioners 1, 3 and 4 shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter every Monday at 10.30 a.m., until further orders and the petitioners 2 and 5 shall appear before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation. -sd/- 03/08/2020 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.II, ERODE 2 THE CHIEF JUDICIAL MAGISTRATE ERODE DISTRICT [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT,MADRAS.

4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, ERODE DISTRICT

+1 C.C. to M/S. R.JAYAPRAKASH Advocate on payment of necessary charges SR NO.5854 The Government Advocate, High Court, Madras - 104. Order in CRL MP.4631/2020 in CRL OP.5635/2020 Date :03/08/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format GKS(RD):07/08/2020