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Madras High CourtCRL OP/28675/2015modified

Mr. Palani. K v. State Rep By Inspector

2016-06-17Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.28675 of 2015 Palani.K ...

Petitioner Vs State represented by The Inspector of Police, Pennalurpettai Police Station, Thiruvallur District.

...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to modify the conditions imposed on the petitioner in Crl.M.P.No.3167 of 2015 dated 17.11.2015 by the learned District and Sessions Judge at Thiruvallore. For Petitioner :Mr.V.Balu For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed to modify the conditions imposed on the petitioner in Crl.M.P.No.3167 of 2015 dated 17.11.2015 passed by the learned District and Sessions Judge, Tiruvallur.

2.It is seen that the petitioner is an accused in Crime No.195 of 2015 for offences under Sections 417 and 420 IPC and Section 15(2), 15(3) of the Indian Medical Counsel Act, 1955. Vide order dated 17.11.2015 in CrlMP No.3167 of 2015, the learned Principal District and Sessions Judge, Tiruvallur, has granted anticipatory bail to the petitioner on the following conditions:

"Considering the above facts anticipatory bail is granted in the event of arrest of the petitioner or upon his surrender on his executing a bond for Rs.25,000/- each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Uthukottai and the petitioners shall surrender before the said Judicial Magistrate within two weeks from the date of this order. The petitioners shall stay https://hcservices.ecourts.gov.in/hcservices/

at Salem and report before the Judicial Magistrate No.I, Salem, daily at 10.30am, until further orders and shall further abide by the conditions as contemplated under Section 438 CrPC, failing which this order shall stand cancelled."

3.The petitioner has filed the present petition for modification of the conditions in which, this Court passed an order on 27.11.2015. It is the grievance of the petitioner that he was not able to obtain the order copy of this Court dated 27.11.2015 on time. On account of which, he has not been able to furnish the sureties.

4.Accepting the submissions, this Court grants two weeks time from the date of receipt of a copy of this order, for surrendering before the learned Judicial Magistrate, Uthukottai, and furnishing a bond, as per the order dated 17.11.2015 in CrlMP No.3167 of 2015 passed by the learned Principal District and Sessions Judge, Tiruvallur. The conditions with regard to stay at Salem, is hereby modified and the petitioner is directed to appear before the respondent police everyday at 06.30 pm until further orders.

mps -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The District and Sessions Judge, Thiruvallore.

2.The Inspector of Police, Pennalurpettai Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.V.Balu, Advocate SR 9753 svi(co) prk27/6 Crl.O.P.No.28675 of 2015 https://hcservices.ecourts.gov.in/hcservices/