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Madras High CourtCRL OP/2543/2017ordered

Mariappan, M/A 45 Years v. The State Rep By Its,

2017-02-07Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.2543 of 2017 Mariappan ... Petitioner/Accused No.34 Vs The State, rep by The Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai.

... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to relax the condition imposed on the petitioner i.e., to report before the learned Judicial Magistrate No.I, Chengalpattu, daily at 10.00 a.m. for one month in Crl.M.P.No.1223 of 2017 dated 25.1.2017 on the file of the Sessions Court at Chennai.

For Petitioner :

Mr.D.Veerasekaran For respondent :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed to modify the condition imposed on the petitioner in Crl.M.P.No.1223 of 2017 dated 25.1.2017 on the file of the Sessions Court at Chennai.

2. It is the case of the petitioner that seeking bail, he filed a petition in Crl.M.P.No.1223 of 2017 before the learned Principal Sessions Judge, Chennai, and the learned Judge by order dated 25.1.2017 granted bail to him on certain conditions. One of the conditions is that the petitioner shall stay at Chengalpattu and appear before the learned Judicial Magistrate No.I, daily at 10.30 a.m. for one month. Seeking modification of the said condition, the petitioner has come up with the present petition.

3. Learned counsel appearing for the petitioner submitted that the petitioner is a fish vendor and tendercoconut seller and not a student as mentioned in the order of

the learned Principal Sessions Judge, Chennai. Further, he has submitted that because of the said condition imposed by the learned Judge, he is not in a position to lead his day-to-day life. Thus, he sought to modify the said condition.

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

5. Considering the facts and circumstances of the case, this Court is inclined to modify the said condition imposed on the petitioner.

6. Accordingly, the condition imposed on the petitioner in Crl.M.P.No.1223 of 2017 dated 25.1.2017 by the learned Principal Sessions Judge at Chennai, viz., " the petitioner shall stay at Chengalpattu and appear before the learned Judicial Magistrate No.I, daily at 10.30 a.m. for one month. " is hereby modified as follows:- " The petitioner shall appear before the Inspector of Police, Triplicane Police Station, Chennai, once in a week at 9.00 a.m. for a period of four weeks. " The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Principal Sessions Judge, Chennai.

2.The Judicial Magistrate No.I Chengalpattu 3.The Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai.

4.The Inspector of Police, Triplicane Police Station, Chennai.

5.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.D.Veerasekaran Advocate sr 9638 Crl.O.P.No.2543 of 2017 aa08/02/2017