A. Mohamed Nawb Siraj v. The S.H.O., Town Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2016

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.No.2578 of 2016 A.Mohamed Nawab Siraj Daoula Maricar @ A.M.N.Siraj Daoula Maricar @ Sheikh @ Siraj Daoula Maricar @ Syed Abdul Kaadar @ Appu @ Doula ... Petitioner Vs.

State by The Station House Officer, Town Police Station, Karaikal, Puducherry.

... Respondent Prayer: Petition filed under Section 439(1)(b) of the Criminal Procedure Code to modify the bail condition imposed in Crl.M.P.No.5817 of 2015 dated 30.12.2015 by the learned Judicial Magistrate No.II, Karaikal, Puducherry in Connection with the Case in Crime No.166/15 on the file of the Respondent/Police. Petitioner : Mr.R.Murugabharathi For Respondent : Mr.M.R.Thangavel APP for Pondicherry

ORDER

This criminal original petition is filed to modify the bail condition imposed in Crl.M.P.No.5817 of 2015 dated 30.12.2015 by the learned Judicial Magistrate No.II, Karaikal, Puducherry.

2. The petitioner, who is arrayed as first accused in Crime No.166 of 2015 on the file of the respondent police, was arrested on 27.10.2015 for the alleged offences under Sections 419, 420, 120-B of IPC and Section 66-C, 66-D of Information Technology Act,2000.

3. The learned counsel appearing for the petitioner would submit that the learned Judicial Magistrate No.II, Karaikal granted bail to the accused under Section 167(2)(a)(ii)

Cr.P.C., on the ground that charge sheet has not been filed within the time frame and imposed a condition that the petitioner shall furnish security of Rs.1,00,000/- in order to ensure his appearance through out the proceedings. The learned counsel appearing for the petitioner further submitted that the condition imposed by the learned Judicial Magistrate is onerous, which would prove that despite granting bail by the learned Judicial Magistrate on 30.12.2015, the petitioner is not able come out from jail till today.

4. The learned Additional Public Prosecutor vehemently opposed this petition and he has filed a detailed counter stating that considering the gravity of offence, the learned Judicial Magistrate imposed a condition, which does not requires any modification.

5. Considered the rival submission and upon perusing the records placed before this Court. It is an admitted fact that the petitioner was arrested on 27.10.2015. Though the learned Judicial Magistrate granted bail on 30.12.2015, the petitioner is still in custody, due to the reasons he is not able to furnish security for Rs.1 lakh.

6. In the above facts and circumstances of the case, this Court is inclined to delete the condition No.9(ix) of the order dated 30.12.2015 in Crl.M.P.No.5817 of 2016. Expect the above modification, the other conditions remain unaltered.

7. The Criminal Original Petition is disposed of accordingly.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate NO.II Karaikal Puducherry

2. Do-Thro'The Chief Judicial Magistrate, Puducherry

3. The Station House Officer/Town Police Station, Karaikal, Puducherry

4. The Public Prosecutor High Court Madras(Pondy) +1 cc to Mr.R.Murugabharathi Advocate sr.10063/16 Crl.O.P.No.2578 of 2016 aa18/02/2016