Christopher v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20394 of 2019 Christoper .. Petitioner/Petitioner /versus/ 1.

State rep.by The Inspector of Police, Upper Coonoor Police Station, Coonoor, The Nilgiris.

(Crime No.22 of 2019) .. Respondent/Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to modify the bail condition dated 29.04.2019 made in Crl.M.P.No.279 of 2019, on the file of the Sessions Judge of Magalir Neethimandram (FTMC), Udhagamandalam at Nilgiris, that till final report is filed in this case the petitioner/Accused is ordered to appear before the Inspector of Police, All Women Police Station, Ooty Town, daily at 08.00 hours and sign.

For Petitioners:M/s.B.Kumarasamy For Respondent:Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for modification of the condition imposed by the Court below, while granting bail to the petitioner.

2. The petitioner was arrested and remanded to judicial custody for an offence under Section 5(1), 6 of POCSO Act 2012. The petitioner filed a bail petition and the Court below on considering the facts and circumstances of the case, granted bail to the petitioner by imposing certain conditions. The petitioner has been complying with the conditions from the Month of May 2019 onwards.

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner is aggrieved by the condition, wherein, he was directed to report before the AWPS, Ooty Town daily at 08.00 a.m., until the final report is filed.

4. The learned counsel for the petitioner submitted that the petitioner has been complying with this condition from May 2019 and due to this condition, the petitioner is not in a position to eke his livelihood. Therefore, the said condition requires modification.

5. The learned Additional Public Prosecutor on instructions submitted that the petitioner has been complying with the condition.

6. Taking into consideration the facts and circumstances of the case, the condition imposed by the Court below is modified to the effect that the petitioner shall appear before the respondent police on the 1st and 15th of every English Calender Month, until further orders.

7. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ub To 1.

The Sessions Judge of Magalir Neethi Mandram, (FTMC), Udhagamandalam.

2.

The Inspector of Police, Upper Coonoor Police Station, Coonoor, The Nilgiris.

3.

The Public Prosecutor, High Court of Madras.

+1cc to M/s.B.Kumarasamy, Advocate, S.R.No.67702 Crl.O.P.No.20394 of 2019 SJ(CO) CS/22/08/2019 https://hcservices.ecourts.gov.in/hcservices/