Kamalam, Aged 70 Years v. State Through
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2018
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.18529 of 2018 1.Kamalam 2.Nallaponnu 3.Senthil @ Senthilkumar
...Petitioners
Vs State through The Sub-Inspector of Police Maruvathur Police Station Maruvathur Perambalur District.
...Respondent
Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the order dated 18.07.2018 passed in Crl.MP.No.646 of 2018 on the file of the Principal District and Sessions Court, Perambalur and modify the same with respect to the condition imposed directing the petitioners to stay at Thanjavur and appear and sign before the Inspector of Police, Law and Order, Thanjavur (West) P.S. daily twice at 10.00 a.m. and 5.00 p.m. until further orders. For Petitioners : Mr.P.Mani For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed to call for the records relating to the order dated 18.07.2018 passed in Crl.MP.No.644 of 2018 on the file of the Principal District and Sessions Court, Perambalur and modify the same with respect to the condition imposed directing the petitioners to stay at Thanjavur and appear and sign before the Inspector of Police, Law and Order, Thanjavur (West) P.S. daily twice at 10.00 a.m. and 5.00 p.m. until further orders.
2. The petitioners are the accused in Crime No.88 of 2018 under Sections 294-B, 447, 323 and 506(ii) IPC and Section 4 of the Tamil Nadu Women Harassment Act. The petitioners filed Crl.MP.No.644 of 2018 under Section 438 Cr.P.C. seeking
anticipatory bail, in which, the Principal District and Sessions Judge, Perambalur, by order dated 18.07.2018, has granted anticipatory bail, on certain conditions, one of which is that the petitioners/accused shall stay at Thanjavur and appear and sign before the Inspector of Police, Law and Order, Thanjavur (West) P.S. daily twice at 10.00 a.m. and 5.00 p.m. until further orders.
Aggrieved by the said condition, the petitioners/accused are before this Court.
3. Heard the learned counsel for the petitioners/accused, who submitted that two of the petitioners are ladies and the coaccused has been arrested and released on bail. He has also submitted that the nature of the allegations in the FIR may not warrant such condition.
4. Per contra, the learned Government Advocate (Crl. Side) refuted the contention.
5. It is seen that the co-accused has been arrested and the petitioners 1 and 2 are ladies. Taking into consideration the facts and circumstances of the case, the aforesaid condition is modified to the effect that the petitioners/accused shall stay at Perambalur and report before the respondent police every day at 10.00 a.m. for a period of two weeks and thereafter, as and when required. Rest of the conditions imposed by the Principal District and Sessions Judge, Perambalur, shall remain the same. With the above modification, this petition is ordered, accordingly.
-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar mk To 1.The Principal District and Sessions Judge, Perambalur.
2.The Sub-Inspector of Police Maruvathur Police Station Maruvathur Perambalur District.
3.The Public Prosecutor High Court, Madras.
4. The Inspector of Police (Law and order) Thanjavur(west) +1 CC to Mr.P. Mani, Advocate sr 48885.
Crl.O.P.No.18529 of 2018 SP(30/07/2018)