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Madras High CourtCRL OP/5684/2015modified

A.Subhash, v. State Rep. By

2015-03-10Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.3.2015

CORAM:

THE HON'BLE MR.JUSTICE P.DEVADASS Crl.O.P. No. 5684 of 2015

1. A.Subhash

2. M.Pradeepan

3. R.Gunavendhan 4.Madhivaanan ... Petitioners/Petitioners/Accused Vs.

State rep. By The Sub-Inspector of Police, Walajahpet Police Station, Vellore District.

(Crime. No.78 of 2015) ... Respondent/Respondent/Complainant Criminal Original Petition filed under Section 439(1)(b) of the Code of Criminal Procedure, to modify the condition imposed by Principal District and Sessions Judge, Vellore dated 26.2.2015 as this petitioner should report before the respondent police daily instead of the condition that the petitioner appear before the Judicial Magistrate Court No.I, Dharmapuri.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.Mohamed Riyaz.M Govt. Advocate (Crl. Side)

O R D E R

Petition for modification of certain portions of bail conditions.

2. Petitioners are Sri Lankan Tamils. In view of ethnic strife, they seek asylum in their mother land. Large number of people came. Petitioners were housed in Refugee camp in Palar, Anaicut near Ranipet, Vellore District. By quirk of events, they were made to concern in a criminal case. They are young. Learned Sessions Judge granting them bail, however, directed them to stay in Dharmapuri and report before the learned Judicial Magistrate, Dharmapuri until https://hcservices.ecourts.gov.in/hcservices/

further orders. In the facts and circumstances, such a condition is not necessary. It would not serve any purpose.

3. In the facts and circumstances, in the bail order of the learned Sessions Judge, Vellore passed in Crl.M.P.No.738 of 2015 dated 26.02.2015, the condition that the petitioner should stay in Dharmapuri and report before Judicial Magistrate No.I, Dharmapuri daily at 10.30 am is deleted. Instead they shall appear before the respondent police as and when required for interrogation.

4. Accordingly, this criminal original petition is disposed of. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kua To

1. The Principal District and Sessions Judge, Vellore District.

2. The Judicial Magistrate Court No.I, Dharmapuri.

3. The Judicial Magistrate No.II, Wallajahpet, Vellore District

4. The Sub-Inspector of Police, Walajahpet Police Station, Vellore District.

5. The Public Prosecutor, High Court, Madras. +1cc to Mr.R.SasiKumar, Advocate, S.R.No.4126 Crl.O.P. No. 5684 of 2015 GR(CO) CA(19/03/2015) https://hcservices.ecourts.gov.in/hcservices/