Senathipathy v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2023
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.Senathipathy 2.Senthilkumar 3.Suresh 4.Sivadineshkmar ... Petitioners Vs.
The State rep. by The Inspector of Police Kangayam Police Station Tiruppur District Crime No.109 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., pleased to modify the condition "they should stay at Udumalpet and to appear before the Udumalpet Police Station daily morning at 10.00 a.m., and sign for 30 days", imposed by the learned Principal Sessions Court, Tiruppur, in the order dated 10.04.2023 made in Crl.M.P.No.679 of 2023. For Petitioners : Mr.M.Guruprasad For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side) 1/7
O R D E R
This Criminal Original Petition is filed to modify the condition imposed by the Principal Sessions Court, Tiruppur, in Crl.M.P.No.679 of 2023 dated 10.04.2023 that "the petitioners should stay at Udumalpet and to appear before the Udumalpet Police Station daily morning at 10.00 a.m., and sign for 30 days",
2. The learned counsel for the petitioners submitted that the case has been registered against the petitioners alleging that there was a landlord tenant dispute between the petitioners and the defacto complainant due to which, the petitioners abused the defacto complainant and damaged his car and also threatened the defacto complainant. The petitioners had approached the Court seeking anticipatory bail and the learned Judge while granting anticipatory bail to the petitioners, had directed the petitioners "to stay at Udumalpet and to appear before the Udumalpet Police Station daily morning at 10.00 a.m., and sign for 30 days and thereafter they should appear before the Court concerned on receipt of summon". Further, the petitioners were directed to deposit a sum of Rs.3 lakhs in toto before the trial Court subject to the outcome of the litigation. He would submit that the petitioners are 2/7
ready to deposit the amount of Rs.3 lakhs and that the petitioners only seek modification of the condition of staying and signing before the Udumalpet police station for 30 days. He would submit that the said condition would affect the livelihood of the petitioners. Further, this Court has granted anticipatory bail to the co-accused in Crl.O.P.No.8626 of 2023 dated 25.04.2023 with a condition to sign before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. Hence, he prays for modification of the said condition.
3. Heard the learned Government Advocate (Crl. Side) appearing for the respondent police.
4. Considering the submissions of the learned counsel on either side, the condition imposed by the learned Principal Sessions Judge, Tiruppur, in Crl.M.P.No.679 of 2023 dated 10.04.2023 that "the petitioners should stay at Udumalpet and to appear before the Udumalpet Police Station daily morning at 10.00 a.m., and sign for 30 days", is modified to the effect that the petitioners shall report before the respondent police everyday at 10.30 a.m. until further orders. Further, within two weeks from the date of copy of this order, the petitioners shall deposit the said amount of Rs.3 lakhs as directed by the Court below.
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5. With the above directions, this Criminal Original Petition stands ordered.
07.06.2023 ksa-2 To
1. The Principal Sessions Judge, Tiruppur
2. The Inspector of Police Kangayam Police Station Tiruppur District 3.The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
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A.D.JAGADISH CHANDIRA , J.
The matter is listed today under the caption "for being mentioned".
2. Though the matter is listed under the caption for being mentioned, it is brought to the notice of this court by the learned counsel for the petitioners that the petitioners seek extension of time for making the deposit as directed by this court by order dated 7.6.2023 as it had expired by the time the copy of the order was received by them.
3. Therefore, it is made clear that the time for making the payment stands extended by one week from today. Failing which, the order of granting anticipatory bail shall stand automatically dismissed. 26.06.2023 ham Note : Issue order copy today (27.06.2023) 6/7
A.D.JAGADISH CHANDIRA.,J.
ham 26.06.2023 7/7