Gunasekaran, M/A 56 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.25921 of 2017 1.Gunasekaran 2.Palanisamy 3.Rajamani 4.Ravichandran ..Petitioners/Accused Vs State by The Inspector of Police, Trichengode Rural Police Station, Trichengode, Namakkal District. ...Respondent/Complainant (Crime No.602 of 2017) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to modify the condition imposed on the petitioner in C.M.P.No.1241 of 2017 on the file of Principal Sessions Judge, Namakkal that "stay at Karur and should appear and sign before the Karur Town Police Station daily twice at 10.00 am and 5.00 p.m for about 15 days" as "as and when require".

For Petitioners : Mr. R. Marudhachalamurthy For Respondent : Mr.C. Iyyapparaj Additional Public Prosecutor

O R D E R

This petition has been filed by the petitioners to modify the condition imposed on them in C.M.P.No.1241 of 2017 on the file of Principal Sessions Judge, Namakkal that "stay at Karur and should appear and sign before the Karur Town Police Station daily twice at 10.00 am and 5.00 p.m for about 15 days".

2. Heard Mr.R. Marudhachalamurthy, learned counsel appearing for the petitioners as well as the Mr. C. Iyyapparaj, learned Additional Public Prosecutor for the respondent.

3.It is pertinent to note that the petitioners are residing at Namakkal. Hence, I am of the view that there is no justification in the order dated 10.11.2017, as to why the learned Principal Sessions Judge, Namakkal imposed the condition that the petitioners should stay at Karur and sign before the Karur Town Police Station twice daily.

4.In the absences of such justification, I am of the view that the condition is onerous. Hence, the last paragraph in the order dated 10.11.2017 passed in CMP. No.1241 of 2017 by the learned Principal Sessions Judge, Namakkal is modified to the effect that the petitioners shall released on bail in the event of arrest or on their surrender, before the learned Judicial Magistrate, Trichengode within a period of one week from the date of receipt of a copy of this Order and on further condition that they should execute a bond for a sum of Rs.10,000/- with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate, Trichengode and the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of 15 days, from the date of receipt of a copy of this Order and thereafter, as and when required.

5. All the other observations made in the order of learned Principal Sessions Judge, Namakkal in CMP.No.1241 of 2017 dated 10.11.2017 shall remain intact.

6.With the above modifications, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar nl To 1.The Principal Sessions Judge, Namakkal.

2.The Judicial Magistrate, Trichengode.

3.The Inspector of Police, Trichengode Rural Police Station, Trichengode, Namakkal District.

4. The Additional Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Marudhachala Murthi, Advocate SR.No.86589 CRL.O.P.No.25921 of 2017 PVS(CO) GN(19/12/2017)