Rithikumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN CRL.O.P. No.15511 of 2023 1.Rithikumar 2.Udhaya 3.Rubbankumar 4.M.Vasanth 5.Chandru 6.Surya @ Samat Surya .. Petitioners Vs.

State rep. by The Inspector of Police, North Police Station, Tiruppur.

(In Crime No.898 of 2023) ... Respondent Prayer: Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. to call for the records pertaining to Crl.M.P.No.1206 of 2023 on the file of the Hon'ble Principal Sessions Judge, Tiruppur, by order dated 14.06.2023 set-aside and modify the same.

For Petitioners : Mr.R.Rajprabhu For Respondent: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) 1/4

O R D E R

This petition has been filed to call for the records pertaining to Crl.M.P.No.1206 of 2023 on the file of the Hon'ble Principal Sessions Judge, Tiruppur, by order dated 14.06.2023 set-aside and modify the same.

2. Learned counsel for the petitioners submitted that petitioners were granted anticipatory bail in Crl.M.P.No.1108 of 2023 by the learned Principal Sessions Judge, Tiruppur. While granting anticipatory bail, one of the conditions imposed was that petitioners should appear before the Udumalpet Police Station daily morning at 10.00 a.m., and shall sign for 30 days, thereafter they should appear before the court concerned on receipt of summon. Petitioners are daily wage workers and therefore, they find it very difficult to observe the above said condition and filed Crl.M.P.No.1206 of 2023 in Crl.M.P.No.1108 of 2023 for modifying this condition. However, learned Principal Sessions Judge, Tiruppur has not passed a favourable order necessitating, filing of this petition.

3.

Considering the submission of the learned counsel for the petitioners, that the petitioners are daily wage workers, that they find it difficult 2/4

to observe above said condition, this Court is inclined to modify the above said condition.

4.

Accordingly, the condition imposed on the petitioners in Crl.M.P.No.1108 of 2023 dated 06.06.2023, i.e., should appear before the Udumalpet Police Station daily morning at 10.00 a.m., and shall sign for 30 days, thereafter they should appear before the court concerned on receipt of summon, is hereby modified as follows:- " should appear before the respondent police daily morning at 10.00 a.m., and shall sign for 30 days, thereafter they should appear before the court concerned on receipt of summon."

Other conditions shall remain intact.

5.

Accordingly, this Criminal Original Petition is ordered. 03.08.2023 Index : Yes/No Internet : Yes Speaking/non speaking order mpl 3/4

G.CHANDRASEKHARAN , J.

mpl To

1. The Principal Sessions Judge, Tiruppur.

2. The Inspector of Police, North Police Station, Tiruppur.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P. No.15511 of 2023 03.08.2023 4/4