Madras High CourtCRL MP/756/2017allowed

Ravi Sha, Aged 53 Years, v. State By,

2017-01-18Honourable Mr Justice M. Venugopal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr Justice M. VENUGOPAL CRIMINAL MISCELLANEOUS PETITION No.756 of 2017 IN CRL A.449/2015 RAVI SHA, [ PETITIONER/APPELLANT/ACCUSED ] Vs STATE BY, [ RESPONDENT ] INSPECTOR OF POLICE/ ASSISTANT COMMISSIONER OF POLICE ( LAW AND ORDER), TRIPLICANE RANGE, F-1, CHINTADRIPET POLICE STATION, CHENNAI-2.

Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition imposed by this Hon'ble Court in vide order dated 24.07.2015 in MP.No.1 of 2015 in Crl.A.No.449 of 2015 in S.C.No.164 of 1990.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.S.XAVIER FELIX, Advocate for the petitioner and of Mr.R.RAVICHANDRAN, Government Advocate (Crl.Side) on behalf of the Respondent the court made the following order:- Heard both sides.

2. The Petitioner / A.1 is reportedly abiding the condition imposed by this Court in Crl.M.P.No.1 of 2015 in Crl.A.No.449 of 2015 dated 24.07.2015 without any default or deviation whatsoever. This fact is not disputed on the side of the Respondent / Complainant.

3. According to the Learned Counsel for the Petitioner / A.1, the Petitioner / A.1 is a Flower Vendor / Garland Maker and he is a Daily Wage Earner and as such, he finds it difficult to abide by the condition imposed by this Court in Crl.M.P.No.1 of 2015 in Crl.A.No.449 of 2015 dated 24.07.2015.

4. Considering the fact that the Petitioner / A1 is abiding the condition imposed by this Court in Crl.M.P.No.1 of 2015 in Crl.A.No.449 of 2015 dated 24.07.2015 without any default or deviation till today and also this Court taking note of the yet another primordial fact that the Petitioner / A.1 is a Flower Vendor / Garland Maker, this Court in the interest of justice relaxes

the condition already imposed by directing the Petitioner / A.1 to appear before the Leaned V Additional Sessions Judge, Chennai once in two months on the first working day at 11.00 a.m. till the disposal of the Appeal.

Accordingly, this Petition is allowed.

-sd/- 18/01/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE V, ADDITIONAL SESSIONS JUDGE, CHENNAI.

2 THE PRINCIPAL SESSIONS JUDGE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE/ ASSISTANT COMMISSIONER OF POLICE ( LAW AND ORDER), TRIPLICANE RANGE, F-1, CHINTADRIPET POLICE STATION, CHENNAI-2.

C.C. to M/S.S.XAVIER FELIX Advocate on payment of necessary charges Order in CRL MP.756/2017 in CRL A.449/2015 Date :18/01/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 18.01.2017