Sankar v. State Through Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27639 of 2019 Dr.Sankar

...Petitioner/A2

Vs.

State through represented by Inspector of police, All Women Police Station, Salem Town.

in Cr.No.13/2019

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition imposed on the petitioner in pursuance of the order passed in Crl.M.P.No.2957 of 2019 dated 11.10.2019 on the file of the Judicial Magistrate, Additional Mahila Court, Salem.

For Petitioner : Mr.D.Rajagopal For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

The petitioner, who had been arrayed as 2nd accused in Crime No.13 of 2019, was granted bail by the learned Judicial Magistrate, Additional Mahila Court, Salem in Crl.M.P.No.2957 of 2019 dated 11.10.2019, on certain conditions. Seeking to modify the same, the present petition had been filed.

2. Heard Mr.D.Rajagopal, learned counsel for the petitioner and Mr.C.Iyyapparaj, learned Additional Public Prosecutor appearing for the respondent.

3. The learned counsel for the petitioner submitted that the learned Judicial Magistrate had passed an order directing the petitioner to produce his son/2nd accused's passport, who is a practicing Medical Doctor, which is onerous in nature. https://hcservices.ecourts.gov.in/hcservices/

4. Taking into consideration the facts and circumstances of the case, this Court is of the considered view that the Court below ought not to have imposed such an onerous condition and accordingly, the condition, insofar as it directs the 1st accused, namely Dr.Ashwin, to surrender the passport, shall stand deleted.

5. All other observations made in the earlier order dated 11.10.2019 in Crl.M.P.No.2957 of 2019 shall remain intact.

6. This Criminal Original Petition stands ordered accordingly.

-s/d- Assistant Registrar(CSIV) True Copy Sub-Assistant Registrar jas/hvk (Note: Issue order copy today) To

1. The Judicial Magistrate, Additional Mahila Court, Salem.

2.Do-Thro'The Chief Judicial Magistrate Salem

3. The Inspector of police, All Women Police Station, Salem Town.

4. The Public Prosecutor, High Court of Madras.

+1 cc to M/s.D.Rajagopal Advocate sr87018 Crl.O.P.No.27639 of 2019 gmr(co) aa17/10/2019 https://hcservices.ecourts.gov.in/hcservices/