Madras High CourtCRL OP/2355/2017disposed of

N.Karthick, Aged 24 Years, v. The State Rep. By

2017-02-10Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.2355 of 2017 1.N.Karthick 2.S.Kannaiah 3.T.Jaheer Hussain 4.J.Karunakkaran 5.N.Lakshmanan 6.J.Arunprakash 7.D.Ayyanar 8.P.Tamilmani @ Ajay ... Petitioners/Accused Vs The State rep. By The Inspector of Police, D-5, Marina Police Station, Chennai.

... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition in respect of condition No.IV imposed by the learned Principal Sessions Judge in Crl.M.P.No.1338 of 2017 order dated 27.1.2017 in Crime No.92 of 2017.

For Petitioners : Mr.R.Thirumoorthy For respondent : Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed to modify condition No.IV imposed on the petitioners by the learned Principal Sessions Judge, Chennai, in Crl.M.P.No.1338 of 2017 dated 27.1.2017 in Crime No.92 of 2017.

2. It is the case of the petitioners that they have filed a petition in Crl.M.P.No.1338 of 2017 before the learned Principal Sessions Judge, Chennai, seeking bail and the learned Judge, granted bail to the petitioners on certain conditions. One of the conditions is that the petitioners shall stay at Tambaram and appear before the Inspector of

Police, Tambaram, East Police Station, daily at 6.00 p.m. for one month. Since the petitioners were brutally assaulted by the police, they have sustained grievous injuries in the incident and hence, they have to take treatment in Rajiv Gandhi Government Hospital. Therefore, they find it difficult to comply with the said condition.

Hence, seeking modification of the said condition, the petitioners have come up with the present petition.

3. Learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioners.

4. Hence, condition No.IV imposed on the petitioners by the learned Principal Sessions Judge, Chennai, in Crl.M.P.No.1338 of 2017 dated 27.1.2017 in Crime No.92 of 2017., viz., the petitioners shall stay at Tambaram and appear before the Inspector of Police, Tambaram, East Police Station, daily at 6.00 p.m. for one month, is hereby modified as follows:- " The petitioners shall appear before the respondent police / The Inspector of Police, D-5, Marina Police Station, Chennai, twice in a week at 6.00 p.m. for a period of one month. "

The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, D-5, Marina Police Station, Chennai.

2.The Principal Session Judge, Chennai.

3.The Inspector Of Police, Tambaram East police Station, Chennai.

4.The Superintendent Central Prison, Puzhal Chennai.

5.The Public Prosecutor, High Court, Madras.

+1cc to M/S.R. Thirumoorthy, Advocate SR.NO. 2864 Crl.O.P.No.2355 of 2017 UG(CO) VR(20/02/2017)