Madras High CourtCRL OP/6746/2016ordered

Radhakrishnan @ Govindaraj, v. State By Inspector Of Police,

2016-03-28Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2016

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.Nos.6746 & 6747 of 2016 Radhakrishnan @ Govindaraj ... Petitioner in both Crl.O.Ps. Vs.

State by the Inspector of Police, Prohibition Enforcement Wing, (PEW) Perur, Coimbatore District (Crime No.662 of 2015)... Respondent in Crl.O.P.No.6746 of 2016 State by the Inspector of Police, Prohibition Enforcement Wing, (PEW)Erode, Erode District (Crime No.861 of 2015) ..Respondent in Crl.O.P.No.6747 of 2016 Common Prayer: Petitions filed under Section 482 of the Criminal Procedure Code to modify the condition imposed on the petitioner in Crl.M.P.Nos.469 and 250 of 2016 dated 29.02.2016 to the effect that the petitioner shall be permitted to report before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai 600 015 instead of reporting before the respondent police, PEW Perur Police Station, Coimabtore District concerned in Crime Nos.662 and 861 of 2015 respectively. For Petitioner : Mr.S.P.

Meenakshi Sundaram For Respondents : Mr.M.Mohamed Riyaz Govt. Advocate(Crl. Side) COMMON ORDER These criminal original petitions have been filed to modify the bail condition imposed on the petitioner in Crl.M.P.Nos.469 of 2015 and 250 of 2016 dated 29.02.2016 by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. The petitioner (in both these petitions) is arrayed as A4 in Crime No.662 of 2015 on the file of Inspector of Police, Prohibition Enforcement Wing, (PEW) Perur, Coimbatore District for the alleged offences under Section 4(1)(aaa), 4(1-A) of the

T.N.P.Act r/w Sections 3 and 7 of Tamil Nadu RS Rules 2000, the petitioner is arrayed as A2 in Cr.No.861 of 2015 on the file of the Inspector of Police, Prohibition Enforcement Wing, (PEW) Erode, Erode District, for the alleged offences under Sections 4 (1)(aaa), 4(b)(g) of the T.N.P.Act r/w Sections 5, 6 and 7 of Tamil Nadu RS Rules 2000 420, 467, 468, 471 and 212 of I.P.C. 419, 420, 120-B of IPC and Section 66-C, 66-D of Information Technology Act,2000 and the petitioner is also arrayed as A1 in Cr.No.790 of 2015 on the file of the Inspector of Police, PEW, Adayar, Chennai, filed the petitions seeking modification of conditions.

3.The learned counsel for the petitioner would submit that the learned 1st Additional Sessions Judge (FAC of Principal Sessions Court) Chennai, has granted bail in Cr.No.790 of 2015 to the petitioner in Crl.M.P.No.1673 of 2016 dated 10.02.2016, on the condition that the petitioner shall appear before the said Court daily at 10.30 a.m. for a period of one week; the learned Principal District and Sessions Judge, Coimbatore in Crl.M.P.No.469 of 2016 dated 29.02.2016 granted bail in Cr.No.662 of 2015 on the condition that the petitioner shall report before the Inspector of Police, PEW, Perur Police Station, Coimbatore daily at 10.30 a.m. until further orders and the learned Principal District and Sessions Judge, Erode in Crl.M.P.No.250 of 2016 granted bail in Cr.No.861 of 2015 on 29.02.

2016 directing the petitioner to appear before the Judicial Magistrate No.III, Erode daily at 10.30 until further orders. So the petitioner could not comply with the conditions and hence approaches this Court with these petitions. 4 . Heard the learned Government Advocate (Crl.Side) appearing for the respondents in both cases.

5. Considering the facts and circumstances of the case, this Court is inclined to modify the conditions imposed by the 1st Additional Sessions Judge (FAC of Principal Sessions Court) Chennai, in Crl.M.P.No.1673 of 2016 dated 10.02.2016, the learned Principal District and Sessions Judge, Coimbatore in Crl.M.P.No.469 of 2016 dated 29.02.2016 and the learned Principal District and Sessions Judge, Erode in Crl.M.P.No.250 of 2016 granted bail dated 29.02.2016 and accordingly the conditions are modified directing the petitioner shall stay at Coimbatore and report before the Inspector of Police, PEW, Perur Police Station, Coimbatore twice a day i.e. at 10.30 A.M. and 5.30 P.M. until further orders.

6. In view of the above modification, these Criminal Original Petitions are disposed of.

kkd s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate No.III Erode.

2. Do thro the Chief Judicial Magistrate, Erode.

3. The I Addl. Sessions Judge, Chennai.

4. The Inspector of Police, Prohibition Enforcement Wing (PEW) Erode.

5. The Public Prosecutor, High Court, Madras. + 1 cc to Mr.S.P.Meenakshi Sundaram, Advocate SR 19342 ksj(co) prk2/74 Crl.O.P.Nos.6746 & 6747 of 2016