M.Rputtumathan, Aged 36 Yrs, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2017
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.25189 of 2017 1.Puttumathan 2.Bashanna 3.Roothregowdu 4.Sivanna 5.Munisivanna 6.Mathigowdu 7.Sivamoorthi 8.Sruthi ..Petitioners Vs.
State: The Inspector of Police, Anchetti Police Station, Krishnagiri District.
(Crime No.104 of 2017) ..Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition to the petitioners shall appear before Judicial Magistrate No.1, Erode daily at 10.30 AM until further orders in Crime. No.104 of 2017 on the file of the respondent police in Crl.M.P.No.1618 of 2017 on the file of Principal Sessions Judge, Krishnagiri.
For Petitioners : Mr.M.P.Saravanan For Respondent : Mr.C.Iyyapparaj, Additional Public Prosecutor - - - -
O R D E R
The prayer sought for in the present petition is to modify the condition to the petitioners shall appear before Judicial Magistrate No.1, Erode daily at 10.30 AM until further orders in Crime. No.104 of 2017 on the file of the respondent police in Crl.M.P.No.1618 of 2017 on the file of Principal Sessions Judge, Krishnagiri.
2.Heard Mr.M.P.Saravanan, learned counsel for the petitioners as well as Mr.C.Iyyappa Raj, learned Additional Public Prosecutor for the respondent.
3.The learned counsel for the petitioners submitted that the situation in their native place of residence is peaceful and that there is no unrest between the accused and the de-facto complainant. As such, it would be appropriate to consider the petitioners claim to modify the condition and permit them to stay at Kovalli Village, Krishnagiri District.
4. Though, I do not find any infirmity in the order of learned Principal Sessions Judge, Krishnagiri, imposing the conditions to stay at Erode in order to avoid the unrest situation in their locality, recording the submission made by the learned counsel for the petitioners that the peace has prevailed and there is no unrest in their locality, the condition imposed in the order dated 08.11.2017 in Crl.M.P. No.1618 of 2017 by the Principal Sessions Judge, Krishnagiri District, directing the petitioners to stay at Erode and appear before the learned Judicial Magistrate No.I, Erode daily at 10.30 a.m, until further orders, is modified to the effect that the petitioners shall report before the first respondent police viz., The Inspector of Police, Anchetti Police Station, Krishnagiri District, daily at 10.30 a.m.
for a period of 15 days and thereafter as and when required. The Petitioners are permitted to surrender before the learned Judicial Magistrate * *DenkaniKottai within a period of 10 days from today. In the result, the Criminal Original Petition stands allowed with the above terms.
Sd/- Assistant Registrar(CS-VI) Dated: 23/11/2017 *Corrected as per Order of this Court dated 29/11/2017 made in Crl.Op.25189/17 Sd/- Assistant Registrar(CS VI) dated: 30/11/2017 //True Copy// Sub Assistant Registrar rkp/ak
To 1.The Principal Sessions Judge, To be substitued to Krishnagiri District.
To the Order already despatched on 24/11/17 2.The Judicial Magistrate No.I, DenkaniKottai 3.The Chief Judicial Magistrate, Erode.
4.The Inspector of Police, Anchetti Police Station, Krishnagiri District.
5.The Public Prosecutor, High Court, Madras.
+1cc to Mr.M.P.Saravanan Advocate, S.R.No. 82413 Crl.O.P.No.25189 of 2017 RV(CO) TR(23/11/2017) GN(04/12/2017)