Mahesh, M/Age-42 Years v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.22264 of 2016 Mahesh .. Petitioner Vs.

The State by Inspector of Police, Prohibition & Excise Wing, Erode District.

(Crime No.81 of 2016) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to modify the condition imposed in Crl.M.P.No.1716 of 2016 by order dated 11.05.2016 by the learned Vacation Judge, Vellore District in so far as condition to appear before the respondent police is concerned. For Petitioner : Mr.S.Sathishrajan For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This criminal original petition has been filed to modify the condition imposed in Crl.M.P.No.1716 of 2016 by order dated 11.05.2016 by the learned Vacation Judge, Vellore District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. This petitioner was arrested by the respondent police in Crime No.81 of 2016 for various offences under Sections 4

(1) (aaa), 4(1-A) ii of T.N.P.Act r/w 468, 471, 420 of IPC and 7 of TNRS Rules, 2000 and he was granted bail on 11.05.2016 by the Vacation Judge, Vellore, Vellore District, in Cr.M.P.No.1716 of 2016 on condition that he should report before the respondent police daily at 10.30am for a period of 45 days from the next day of release.

4. It is seen that this petitioner was arrested in various crime Numbers and he has been granted bail by various https://hcservices.ecourts.gov.in/hcservices/

Courts and he was detained under the Goondas Act. Ultimately, he was released on bail only on 15.09.2016 but, he is unable to comply with the condition imposed in this case.

5. Under such circumstances, the condition imposed by the Vacation Judge, Vellore District, is hereby modified to the effect that the petitioner should report before the respondent police for a period of one week (i.e.) from 01.11.2016 to 08.11.2016 and thereafter, as and when required. Rest of the conditions imposed by the Vacation Judge, Vellore District, are maintained.

6. If the petitioner fails to appear before the Court without sufficient cause, after having been released on bail in accordance with the terms of the bail order, a fresh prosecution can be initiated against him under Section 229-A IPC.

With the above said directions, the criminal original petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sms To

1. Inspector of Police, Prohibition & Excise Wing, Erode District.

2. The Vacation Judge, Vellore District.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.S.Sathish Rajan, Advocate, sr.56235 Crl.O.P.No.22264 of 2016 ug co kra 03.10.2016 https://hcservices.ecourts.gov.in/hcservices/