P.Saravanan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.6112 of 2016 P.Saravanan .. Petitioner/Accused .. Vs ..

The State, Rep. by Inspector of Police, K-3, Aminjikarai Police Station, Chennai.

.. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to modify the order of the I Additional Sessions Judge, Full Addl. Charge: Principal Sessions Court at Chennai, Crl.M.P.No.2117/2016, dated 25.02.2016 in respect only to the condition "The petitioners shall stay at Palyamkottai in Tirunelveli District and sign before the Palyamkottai Police Station daily at 10.30 a.m. for a period of four weeks" to "appear and sign before the H-1 Police Station, Washermanpet, Chennai".

For Petitioner :

Ms.S.Mahalakshmi For Respondent :

Mr.C.Emalias, Additional Public Prosecutor

ORDER

The petitioner has come forward with the present petition seeking modification of the condition imposed by the learned I Additional Sessions Judge, while enlarging him on anticipatory bail in Crl.M.P.No.2117/2016, dated 25.02.2016.

2. The learned counsel for the petitioner would submit that while granting anticipatory bail to the petitioner, a condition was imposed by the learned I Additional Sessions Judge, Principal Sessions Court, Chennai, that the petitioner shall stay at Palyamkottai in Tirunelveli District and sign before the Palyamkottai Police Station daily at 10.30 a.m. for a period of four weeks and thereafter the petitioner shall appear and sign before the respondent police for another four weeks daily at 10.30 a.m. The learned counsel for the petitioner further submitted that the petitioner is the sole

bread winner of the family and it is very difficult to him to stay at Palyamkottai in Tirunelveli District and sign before the Palyamkottai Police Station daily at 10.30 a.m. for a period of four weeks and therefore, he seeks for modification of the said condition.

3. At this juncture, the learned Additional Public Prosecutor would submit that the petitioner has got two more cases for an offence punishable under Section 395 of IPC and if he is allowed to stay at Chennai, he would commit the same kind of offence and hence, he prayed for dismissal of the petition.

4. This Court has considered the rival submissions made on both sides and perused the records.

5. On a perusal of the typed set of papers, it is seen that the petitioner is the first accused and he is involved in two more cases in similar nature. Considering the fact that since the distance between Chennai and Tirunelveli is long, the condition viz., the petitioner shall stay at Palyamkottai in Tirunelveli District and sign before the Palyamkottai Police Station daily at 10.30 a.m. for a period of four weeks and thereafter the petitioner shall appear and sign before the respondent police for another four weeks daily at 10.30 a.m., is modified to the effect that "the petitioner shall stay at Trichy and sign before the learned Judicial Magistrate No.I, Trichy, daily at 10.30 a.m. for a period of four weeks and thereafter the petitioner shall appear and sign before the respondent police for another four weeks daily at 10.30 a.m." The other conditions shall remain unaltered.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Jrl

To

1. I Additional Sessions Judge, Full Addl. Charge: Principal Sessions Court, Chennai.

2. The Judicial Magistrate No.I, Trichy

3. The Inspector of Police, K-3, Aminjikarai Police Station, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s. S. Saranraj, Advocate, S.R.No.17526 MP(CO) EU(04/04/2016) CRL.O.P.No.6112 of 2016