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Madras High CourtCRL OP/2401/2017modified

Sakthivel, Aged 23 Years, v. State Rep. By,

2017-02-06Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2017

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.2401 of 2017

1. Sakthivel

2. Venkatesh ... Petitioners Vs State rep. by :

The Inspector of Police, Magudamchavadi Police Station, Salem District, Crime No.552/2016 ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the conditions imposed on the petitioners made in C.M.P.No.131 of 2017 dated 20.01.2017 on the file of the Principal Sessions Judge, Salem to the effect that the petitioners may be directed to appear before the concerned jurisdictional Magistrate instead of that the petitioners shall stay at Kallakurichi and report and shall sign before the Judicial Magistrate No.I, Kallakurichi daily twice at 10.00 a.m., and 5.00 p.m., until further orders.

For Petitioners :

Mr.C.Prabakaran For respondent :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The criminal original petition has been filed to modify the condition imposed on the petitioners in C.M.P.No. 131 of 2017 dated 20.01.2017 by the learned Principal Sessions Judge, Salem.

2. It is the case of the petitioners that they have filed a petition in C.M.P.No.131 of 2017 before the learned Principal Sessions Judge, Salem, seeking bail and the learned Principal Sessions Judge, Salem, by an order dated 20.01.2017, granted bail to the petitioners on certain conditions. One of

the condition is that the petitioners shall stay at Kallakurichi and report and sign before the Judicial Magistrate No.I, Kallakurichi, daily twice at 10.00 a.m., and 5.00 p.m., until further orders. Hence, seeking modification of the said order, the petitioners have come up with the present petition.

3. The learned counsel for the petitioners submit that the petitioners are complying with the condition. He further submits that this Court, by an order dated 10.01.2017 in Crl.O.P.No.27764 of 2016, granted anticipatory bail to the similarly placed persons with a direction to appear before the Judicial Magistrate-II, Sankagiri every Monday and Friday at 10.30 a.m., for two weeks.

4. The learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioners.

5. Hence, the condition imposed on the petitioners in C.M.P.No. 131 of 2017 dated 20.01.2017,viz., the petitioners shall stay at Kallakurichi and report and sign before the Judicial Magistrate No.I, Kallakurici daily twice at 10.00 a.m., and 5.00 p.m., until further orders, is hereby modified as follows:- " The petitioners shall appear before the Judicial Magistrate No.II, Sankagiri on every Monday at 10.30. a.m., until further orders. "

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

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar mrp To 1.The Principal Sessions Judge, Salem.

2.The Judicial Magistrate, No.I,Kallkurichi 3.The Judicial Magistrate, No.II, Sankagiri, 4.The Chief Judicial Magistrate, Salem.

5.The Inspector of Police, Magudamchavadi Police Station, Salem District

6. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.C.Prabakaran, Advocate sr.7241 Crl.O.P.No.2401 of 2017 kjI(co) ss(8/2/2017)