Arul Senthil (36/M) v. State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.Nos.22383, 22384 and 22435 of 2016 Arul Senthil .. Petitioner in Crl.OP.No.22383 of 2016 Selvakumar .. Petitioner in Crl.OP.No.22384 of 2016 Shankar .. Petitioner in Crl.OP.No.22435 of 2016 Vs State Rep. by its Inspector of Police CBCID, Namakkal .. Respondent in Crl.OP Nos.22383, 22384 & 22435 of 2016 PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., praying to relax the condition imposed by Chief Judicial Magistrate, Namakkal in CMP.No.1137 of 2015 dated 14.10.2015.
For Petitioners : Mr.M.Elango For Respondent : Mr.C.Emalias, Additional Public Prosecutor COMMON O R D E R These Criminal Original Petitions have been filed to relax the condition imposed by the Chief Judicial Magistrate, Namakkal by order dated 14.10.2015 passed in CMP.No.1137 of 2015.
2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the State.
3. The petitioners herein are facing trial before the Principal District Judge, Namakkal for offences under Sections, 363, 302, 212, 216 IPC r/w 3(2)(V) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. The petitioners were released on bail under 167(2) on condition that they should report before the respondent police everyday. The petitioners filed applications for modification of the bail condition on the ground that the case has been committed and the petition was dismissed by the trial Court on 18.08.2016. https://hcservices.ecourts.gov.in/hcservices/
4. Taking into account, the sensitive nature of the case, learned Additional Public Prosecutor strongly objected any further modification.
5. In view of the serious allegations against the petitioners, after considering the rival submission, in the interest of justice this Court modifies the impugned condition to the effect that the petitioners should report before the respondent police every Saturday at 5.00 p.m except hearing dates until further orders.
With the above modification, these petitions are disposed of.
Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR To
1. Chief Judicial Magistrate, Namakkal
2. The Inspector of Police CBCID, Namakkal 3.The Public Prosecutor, High Court, Madras.
+2 cc to Mr.M. Elango, Counsel for the petitioner in all three petitions vide 58420 & 58421 CRL.OP.Nos.22383, 22384 & 22435 of 2016 MMP 12.11.2016 https://hcservices.ecourts.gov.in/hcservices/