Vadivelan @ Velan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 29/01/2021 CORAM :

The Hon`ble Mr.JUSTICE M.NIRMAL KUMAR

1. Vadivelan @ Velan, S/o.Gurusamy, Ganapathipalayam North, Thathonimalai, Karur District.

2. R.Kalaiselvan, S/o.Rathinam, North Colony Street, Old Jayankondam, Krishnarayapuram Taluk, Karur District.

3. R.Karthik, S/o.Rathinam, North Colony Street, Old Jayankondam, K

4. S.Mohanraj, S/o.Sundharam, North Colony Street, Old Jayankondam, Krishnarayapuram Taluk, Karur District.

5. S.Vimalraj, S/o.Sundharam, North Colony Street, Old Jayankondam, Krishnarayapuram Taluk, Karur District.

... Petitioners/Accused Nos.1 to 5 Vs The State rep. by The Sub Inspector of Police, Lalapet Police Station, Karur District.

(Crime No.622 of 2020) ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to modify the condition made in Crl.M.P.No.1694 of 2020 on the file of the Learned Principal Sessions Judge, Karur dated 10.12.2020 of directing the petitioners to stay at Thogamalai and sign before the Thogamalai Police station.

For Petitioner : M/s.Karunanithi.M, For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) 1/3

ORDER

This criminal original petition has been filed to modify the condition made in Crl.M.P.No.1694 of 2020 on the file of the Learned Principal Sessions Judge, Karur dated 10.12.2020 of directing the petitioners to stay at Thogamalai and sign before the Thogamalai Police station.

2.The gist of the case is that there was a scuffle between the family members of the petitioners and the defacto complainant, due to which, both side sustained injuries. Hence, the complaint was preferred by the defacto complainant and based on the same a case was registered in crime No.622 of 2020 for the offence under Sections 147, 294(b), 427, 323, 324 and 506(ii) IPC as against the petitioner. Thereafter, the petitioners preferred anticipatory bail petition in Crl.M.P.No.1694 of 2020 before the learned Principal Sessions Judge, Karur and the same was ordered on 10.12.2020 with a condition that the petitioners herein should stay at Thogamalai and sign before the Thogamalai Police Station daily at 05.00 p.m., until further orders. Aggrieved over the same, the petitioners filed the present petition.

3.The learned counsel appearing for the petitioners would submit that the petitioners are coolies and they complied with the condition from 17.12.2020. He would further submit that due to the above said condition, they are not in position to go for their work and hence, he would pray for modification of the said condition. 4.The learned Government Advocate(Crl.side) appearing for the respondent police, on instructions, would submit that the petitioners complied with the condition till date, without fail. 5.Considering the submissions made by both the counsel and considering the reasons stated in the petition, this Court directs the petitioners to appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. Accordingly, this criminal original petition is ordered. Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) GNS 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Principal Sessions Judge, Karur.

2.The Sub Inspector of Police, Lalapet Police Station, Karur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL OP(MD) No.250 of 2021 sss(CO) TR(12.02.2021) 3P 4C 3/3