S.Sivan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.13914 of 2015 1.S.Sivan 2.A.Satheesh Kumar ... Petitioners Vs.

State of Tamil Nadu Represented by the Inspector of Police, Eraniel Police Station, (Crime No.495 of 2015) ... Respondent Prayer:Criminal Original Petition filed under Section 439(1)b of Cr.P.C praying to set aside the condition imposed upon the petitioners that they shall appear and sign before the Inspector of Police, Eraniel daily at 10.00 a.m for a period of one month pursuant of the order dated 7.7.2015, passed in Crl.M.P.NO.1992 of 2015 on the file of the Court of Sessions, Kanyakumari Division at Nagercoil and pass such further or other orders which may deem to pass with regard to the facts and circumstances of the case. For Petitioners : Mr.J.John Jayakumar For Respondent : Mr.K.V.Rajarajan Government Advocate(Crl.side)

O R D E R

This application has been filed to set aside the order passed by the Sessions Court, Kanyakumari District Division at Nagercoil in Crl.M.P.NO.1992 of 2015.

2.The petitioners are arrayed as accused in Crime No. 495 of 2015 for the offence under Sections 294(b), 323 and 506(i) IPC, were granted anticipatory bail by the Sessions Court in Crl.M.P.No.1992 of 2015 on 07.07.2015 with the condition that they should appear before the respondent police daily at 10.00 a.m for a period of one month.

3.The learned counsel for the petitioners submitted that as per the order, the petitioners have been appearing before the respondent police from 10.07.2015 and the first petitioner is studying in Sun College of Engineering at Nagerocoil and the https://hcservices.ecourts.gov.in/hcservices/

second petitioner is working as Mason and they find it difficult to comply with the condition.

4.The learned Government Advocate(Crl.side) appearing for the State submitted that the defacto complainant is only sustained simple injury and he was discharged from the hospital. It is further submitted that the petitioners have been complying with the condition from 10.07.2015.

5. Considering the facts and circumstances of the case, the condition to appear and sign before the Inspector of Police, Eraniel daily at 10.00 a.m for a period of one month is deleted and the petitioners shall appear before the respondent police as and when required for interrogation. Accordingly, this petition is ordered.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Sessions Judge, Kanyakumari District Division at Nagercoil 2.The Judicial Magistrate, Eranial 3.The Inspector of Police,Eraniel Police Station. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 C.C.to Mr.M.John Jeyakumar, Advocate SR No.41181 Ses SH:31.07.2015:P2/6C Crl.O.P.No.13914 of 2015 23.07.2015 https://hcservices.ecourts.gov.in/hcservices/