Babu@Dinakaran, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Eighth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr Justice N. AUTHINATHAN CRIMINAL MISCELLANEOUS PETITION No.9417 of 2017 IN CRL A.557/2016 BABU@DINAKARAN, [ PETITIONER ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ADIYAMANKOTTAI POLICE STATION.

(CR.NO.84/2014) Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition imposed by this Honble Court in Crl.M.P.No.7731 of 2016 in C.A.No.557 of 2016 dated 22.07.2016 and thus render justice.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.M.PRABAKAR Advocate for the petitioner and of MR.K.MATHAN Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- The petitioner was convicted and sentenced to under go one year simple imprisonment for the offence under Section 11(1)(e) r/w Section 12 of Protection of Children Sexual Harassment Act 2012 passed by the learned Sessions Judge, Fast Track Court, Mahila Court of Darmapuri in S.C.No.62 of 2014 on 06.05.2016. Against the said order, the petitioner filed this criminal appeal.

2. Pending appeal, the sentence alone was suspended and the petitioner was granted bail in Crl.M.P.No.7731 of 2016 in Crl.A.No.557 of 2016 subject to the condition that the petitioner should appear before the Trial Court on the first working day of every week at 10.30 a.m. until further orders. The present petition has been filed to relax the said condition.

3. It is submitted by the learned counsel for petitioner that the petitioner has complied with the condition regularly and he is the only bread winner of his family and in view of the condition, he is unable to go for any work.

4. The learned Government Advocate (Crl. Side) has not raised any serious objection in this petition.

5. Considering the difficulties expressed by the petitioner and the fact that he has been complying with the condition from 22.07.2016, I am inclined to modify the condition and direct the petitioner to appear before the Trial Court on the first working day of every month at 10.30 a.m. until further orders. The petition is ordered accordingly.

-sd/- 28/07/2017 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 STATE REP. BY THE INSPECTOR OF POLICE, ADIYAMANKOTTAI POLICE STATION.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S.M.PRABAKAR Advocate on payment of necessary charges SR.NO. 14307 Order in CRL MP.9417/2017 in CRL A.557/2016 Date :28/07/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 07/08/2017