Madras High CourtCRL OP/16050/2019disposed of

Navasdheen @ Mujibur Rahman v. State By

2019-06-24Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16050 of 2019

1. Navasdheen @ Mujibur Rahman

2. Akbar Ali @ Akbar

3. Mohammed Thayub

4. Kattor Akbar @ Akbar Ali

5. Sadham Petitioners/A1 to A5 vs.

State rep by Inspector of Police, Mettupalayam Police Station, Coimbatore District.

(Crime No.204 of 2019) Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the following conditions that is (iii) The petitioners are directed to stay at Coimbatore and they are further directed to sign before the Judicial Magistrate No.1, Coimbatore daily at 10.30 AM until further orders in Crl.M.P.No.8639 of 2019 on 12.06.2019 on the file of Learned Principal District and Sessions Judge, Coimbatore.

For Petitioners: Mr.M.R.Jothimanian For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for modification of the condition imposed by the Court below while granting anticipatory bail to the petitioners.

2. The respondent police registered an FIR in Crime No.204 of 2019 for the alleged offences under Sections 147, 294(b) and 506(i) of IPC. The petitioners apprehending arrest, filed an anticipatory bail before the Principal District and Sessions Court, Coimbatore. The anticipatory bail petition was ordered subject to certain conditions. One of the condition was that the petitioners were directed to stay at Coimbatore and they were further directed to sign before the Judicial Magistrate No.1,

Coimbatore daily at 10.30 a.m. until further orders. This condition has now been put to challenge in the present petition.

3. The learned counsel for the petitioners submitted that the condition imposed by the Court below is onerous and the petitioners are the native of Mettupalayam and they are coolie workers who have to take care of their livelihood. The learned cousel further submitted that the condition imposed by the Court below requires interference.

4. Heard the learned Additional Public Prosecutor appearing on behalf of the respondent police.

5. Taking into consideration the facts and circumstances of the case, the condition imposed by the Court below (Conditioniii) is modified and the petitioners are directed to report before the respondent police as and when required in the course of investigation. The other conditions imposed by the Court below shall stand as it is. (*)However, the time granted by the Court below for surrender is extended by a further period of ten days from today. It is made clear that no further extension of time shall be granted by this Court.

6. This Criminal Original petition is disposed of accordingly.

Sd/- Assistant Registrar DATED : 25.06.2019 *Order Amended as per order of this Court dated 27.06.2019 in Crl OP No.16050/2019 Sd/- Assistant Registrar DATED : 28.06.2019 //True Copy// Sub Assistant Registrar To To be substituted to the order

1. The Principal District already dispatched on and Sessions Judge, Coimbatore. 26.06.2019

2. The Judicial Magistrate No.1, Coimbatore

3. The Inspector of Police, Mettupalayam Police Station, Coimbatore District.

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

5. The Section Officer, E.R Section, High Court, Madras +1cc to Mr.M.R.Jothimanian, Advocate sr.*53098 Crl.O.P No.16050 of 2019 nr 25/06/2019 GMY(28/06/2019)