Lokesh, Aged 36 Years, v. State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2018
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.14901 of 2018 Lokesh ... Petitioner vs State rep by Inspector of Police, CCB Police Station, (Crime No.12 of 2018) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to modify the condition " the petitioner shall report to the respondent police daily at 10.30 a.m. until further order" imposed by the I Additional District & Sessions Court, Coimbatore, order dated 11.04.2018 in Crl.M.P.No.753 of 2018.
For Petitioner :M/s.R.Ramamoorthy For Respondent :Mr.C.Raghavan Government Advocate (Crl.Side)
ORDER
This petition has been filed to modify the condition imposed in order dated 11.04.2018 in Crl.M.P.No.756 of 2018 by the I Additional District & Sessions Judge, Coimbatore. 2.Heard the learned counsel for the petitioner; the learned Government Advocate (Crl. Side) appearing for the respondent and perused the materials placed on record.
3.The petitioner was arrested in CCB Coimbatore Crime No.12 of 2018 on 02.03.2018. He was granted bail in Crl.MP.No.753 of 2018 by the I Additional District & Sessions Court, Coimbatore on 11.04.2018 on certain conditions, one of which is that on
release, the petitioner shall report before the Inspector of Police, CCB, Coimbatore daily at 10.30 a.m., until further orders. The petitioner executed sureties in Crime No.12 of 2018 and released on bail. After his release on bail, he was implicated in R-6 Kumaran Nagar Police Station Crime No.149 of 2018 under Section 420 of IPC. In order to avoid arrest, he did not appear before the CCB, Coimbatore as directed by the Sessions Judge in Crl.MP.No.758 of 2018.
4.However, he filed Crl.O.P.No. 5114 of 2018 under Section 438 of Cr.P.C seeking Anticipatory Bail and this Court, by the order dated 25.04.2018, released the petitioner on anticipatory bail on condition that he should report before the Inspector of Police, R-6, Kumaran Nagar Police Station daily at 10.30 a.m. until further orders. Neither the petitioner in this petition and Crl.O.P.No.5114 of 2018 nor the Public Prosecutor informed this Court that this petitioner was arrested by the CCB Coimbatore in Crime No.12 of 2018.
5.Therefore, this Court was not aware that the petitioner was required to report before the CCB Coimbatore in compliance with the bail order in Crl.M.P.No.753 of 2018. 6.In such view of the matter, this Court directs the petitioner to approach the District and Sessions Judge, Coimbatore and file a petition for relaxation of the bail conditions explaining all these facts and on such application being filed, the Sessions Judge is directed to decide the same on merits in accordance with law.
7.With the above direction, this petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gmd/gya To 1.Inspector of Police, CCB Police Station,
2.The I Additional District and Sessions Judge, 3.The Public Prosecutor, High Court, Madras.
+1cc to M/S.R.Ramamoorthy, Advocate Sr.35155 Crl.O.P.No.14901 of 2018 ak[co] srg 18/06/2018