Madras High CourtCRL OP(MD)/13932/2015allowed

S. Sivan v. The Inspector Of Police

2015-07-23Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.13932 of 2015 1.S.Sivan 2.N.Neela Rajan 3.V.Deepak Rajan 4.B.Saravanan 5.B.Santhosh Kumar .. Petitioners/Petitioners Vs.

State of Tamil Nadu Represented by the Inspector of Police, Eraniel Police Station, (Crime No.497 of 2015) .. Respondent Prayer:

Criminal Original Petition filed under Section 482 of Cr.P.C praying to set aside the condition imposed upon the petitioners that they have appear and sign before the Eraniel Police Station daily at 7.00 p.m for a period of one month pursuant of the order dated 4.7.2015, passed in Crl.M.P.NO.1931 of 2015 on the file of the Court of Sessions, Kanyakumari Division at Nagercoil.

For Petitioners : Mr.J.John Jayakumar For Respondent : Mr.K.V.Rajarajan Government Advocate(Crl.side)

ORDER

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. 1931 of 2015.

2.The petitioners are arrayed as accused in Crime No. 497 of 2015 for the offence under Sections 147, 148, 294(b), 427, 506(ii) IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act,2002 and they were granted anticipatory bail by the Sessions Court in Crl.M.P.No.1931 of 2015 on 04.07.2015 with the condition that they should appear before the Eraniel Police Station daily at 7.00 p.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 petitioners 1, 2 and 5 are studying in Engineering College and the petitioners 3 and 4 are studying Diploma Course and they find it difficult to comply with the condition. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate(Crl.side) appearing for the State submitted that the petitioners have caused damage to the wind glass to the tune of Rs.5,000/- and the petitioners have been complying with the condition from 10.07.2015.

5.The learned counsel for the petitioners submitted that the petitioners undertake to give a Demand Draft for Rs.5,000/- to the defacto complainant without prejudice to their rights in the criminal case.

6. Considering the facts and circumstances of the case, the condition to appear and sign before the Inspector of Police, Eraniel daily at 7.00 .m for a period of one month is deleted and the petitioners shall appear before the respondent police as and when required for interrogation on condition that the petitioners shall give a Demand Draft to the defacto complainant for a sum of Rs.5,000/- within a period of one week. Accordingly, this petition is ordered. sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Sessions Court, Kanyakumari District Division at Nagercoil 2.The Inspector of Police,Eraniel Police Station. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC TO MR.J.JOHN JAYAKUMAR, ADVOCATE IN SR NO.41186 ses:

te : 1/08/2015: 2p/5c Crl.O.P.No.13932 of 2015 23.07.2015 https://hcservices.ecourts.gov.in/hcservices/