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Madras High CourtCRL OP/76/2018modified

Muhammed Shabeeb Khan, v. The State Rep By Its,

2018-01-05Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2018

CORAM

THE HONOURABLE MR. JUSTICE R. SURESH KUMAR Crl.O.P.No.76 of 2018 Muhammed Shabeeb Khan ... Petitioner Vs.

1.State rep.by The Inspector of Police, F-2, Police Station, Now transferred to 2.The Deputy Superintendent of Police, CBCID, Egmore, ... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to modify the order dated 22.12.2017 passed in Crl.M.P.No.20502 of 2017 in Crl.M.P.No.18084 of 2017 and may fully relax the bail condition imposed in the order dated 22.11.2017 in Crl.M.P.No.18084 of 2017 passed by the learned Principal Sessions Judge, Chennai.

For Petitioner :

Mr.N.Narayanaswamy For Respondents:

Mr.R.Ravichandran, Government Advocate (Crl.Side)

ORDER

The prayer sought for herein is for a modification of the order dated 22.12.2017 passed in Crl.M.P.No.20502 of 2017 in Crl.M.P.No.18084 of 2017 and fully relax the bail condition imposed in the order dated 22.11.2017 in Crl.M.P.No.18084 of 2017 passed by the learned Principal Sessions Judge, Chennai. 2.Heard Mr.N.Narayanaswamy, learned counsel appearing for the petitioner and Mr.R.Ravichandran, learned Government Advocate (Criminal Side) appearing for the respondents.

3.The learned Principal Sessions Judge, Chennai, by order dated 22.11.2017, while enlarging the petitioner on bail, had imposed a condition that the petitioner shall appear before the respondent police daily twice at 10.30am and 05.00pm, until further orders. Subsequently, the petitioner had filed a petition to relax the said condition on the ground that his presence is required to look after his grandfather, who is aged 77 years and is bedridden.

4.The said request was turned down by the Sessions Court through the impugned order dated 22.12.2017. In this regard, the learned Government Advocate (Criminal Side) appearing for the respondents, on instructions, would submit that as per the condition imposed by the Sessions Court by order dated 22.11.2017, the petitioner had been regularly appearing before the respondent police from 24.11.2017 till 04.01.2018. 5.Since the petitioner had been complying with the said condition scrupulously without fail till yesterday and he seeks relaxation on a specific ground that his presence is required to look after his bedridden grandfather, this Court is inclined to pass the following orders:

The conditions imposed by the Sessions Court in Crl.M.P.No.18084 of 2017 dated 22.11.2017, directing the petitioner to appear before the respondent police daily twice at 10.30am and 05.00pm, is hereby relaxed.

Accordingly, this Criminal Original Petition is ordered. 05.01.2018 -Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The Principal Sessions Judge, 2.The Deputy Superintendent of Police, CBCID, Egmore,Chennai.

3.The Inspector of Police, F-2, Police Station, 4.The Public Prosecutor, Madras High Court, Crl.O.P.No.76 of 2018 CO(LRS) RRI 29/01/2018