Ramesh v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Ninth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.10424 of 2019 IN CRL.RC.NO.430 OF 2019 RAMESH [ PETITIONER ] Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, METTUR POLICE STATION, METTUR, SALEM DISTRICT.

CR.NO.453/2015.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to relax the condition imposed on the petitioner herein by order dated 09.05.2019 in Crl.M.P.No.6561 of 2019 in Crl.R.C.No.430 of 2019 directing the petitioner to report before the Judicial Magistrate No.I, Mettur on the first working day of every week at 10.30 a.m., and pass such further or other orders as this Hon'ble Court. Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.D.SELVARAJU Advocate for the petitioner and of M/S.M.

MOHAMED RIYAZ, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- The above petition is filed seeking to relax the condition imposed by this Court on the petitioner vide order dated 09.05.2019 made in Crl.MP.No.6561/2019 in Crl.RC.No.430/2019. This, Court in its order dated 09.05.2019, has suspended the sentence imposed on the petitioner with a direction to report before the Judicial Magistrate NO.1, Mettur, Salem District at 10.30 am, on the first working day of every week, pending the revision.

The learned counsel for the petitioner would submit that the Petitioner has been regularly complying with the condition from 27.05.2019 regularly without any default. He would submit that the petitioner is a driver working in a private bus company, and he is unable to attend his work first due to his appearance before the trial Court on working day of the week and his profession as driver is the only avocation of the family and thereby, he would seek for modification of condition imposed on the petitioner. The learned Additional Public Prosecutor would have no objection for the modification of the condition imposed on the petitioner.

Taking into consideration the submissions made by both counsel, the condition imposed vide order dated 09.05.2019, is hereby modified and the petitioner shall appear once in a month on the first working day of every English calender month at 10.30 a.m., before the Trial Court, until further orders, pending revision. The petition is ordered accordingly.

Post the main revision on 01.10.2019.

-sd/- 09/09/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, METTUR, SALEM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE ADDITIONAL DISTRICT JUDGE (FAST TRACK COURT) METTUR, SALEM DISTRICT 5 THE INSPECTOR OF POLICE, METTUR POLICE STATION, METTUR, SALEM DISTRICT.

C.C. to M/S.D.SELVARAJU Advocate on payment of necessary charges SR.No.19059 Order in CRL MP.10424/2019 in CRL.RC.NO.430/2019 Date :09/09/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 16/09/2019