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Madras High CourtCRL OP(MD)/15371/2015allowed

Alaga Perumal v. State Rep By Inspector Of

2015-08-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2015 CORAM :

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM CRL.OP(MD)No.15371 of 2015 1.Alaga Perumal 2.Selvi 3.Selvaraj : Petitioners/A2 to A4 Vs.

State rep by The Inspector of Police, District Crime Branch Police Station, Trichy District. : Respondent/Complainant PRAYER: Petition filed under Section 439(1)(b) of the Criminal Procedure Code to set aside the order and modify the condition in Cr.M.P.No.94 of 2015, dated 09.01.2015 passed by the learned Principal Sessions Court, Tiruchirappalli, in Crime No.19 of 2014 of the respondent police. For Petitioners : Mr.S.Muthalraj For respondent : Mr.S.Prabha Government Advocate (Criminal side)

O R D E R

The petitioners, who are arrayed as A2 to A4 in connection with a case in Crime No.19 of 2014 on the file of the respondent police, filed this petition seeking modification of the condition imposed by the learned Principal Sessions Judge, Tiruchirappalli, in Cr.M.P.No.94 of 2015, dated 09.01.2015.

2.The learned counsel for the petitioners submitted that the petitioners were arrested on 11.12.2014 in connection with a case in Crime No.19 of 2014 and they were enlarged on bail by the learned Principal Sessions Judge, Tiruchirappalli in Cr.M.P.No.2486 of 2014, dated 24.12.2014 on the condition that they should appear and sign before the respondent daily at 10.00 a.m until further orders and thereafter, on the petition filed by the petitioners, the condition was modified by the learned Sessions Judge in Cr.M.P.No.94 of 2015, dated 09.01.2015 directing the petitioners to appear once in a month on the first Monday of every month at 10.00 a.m, till the filing of the charge sheet and this condition has been complied with by the petitioners since January 2015.

The learned counsel further submitted that the first petitioner/A1 is the senior citizen aged about 71 years and the 2nd petitioner/A2 is the sister of A1 and the 3rd petitioner/A3 is the relative of the petitioners 1 and 2 and they find difficulty to comply with the condition. 3.The learned Government Advocate (Criminal side) appearing for the respondent submitted that major portion of the investigation is completed and the petitioners have been complying with the condition regularly. https://hcservices.ecourts.gov.

4.In view of the above facts, this petition is allowed and the petitioners shall appear before the respondent police as and when required for interrogation.

Sd/- Assistant Registrar(Crl.side) /TRUE COPY/ Sub Assistant Registrar er TO 1 THE PRINCIPAL SESSIONS JUDGE TRICHIRAPALLI 2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION TRICHY DISTRICT 3 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1 CC TO MR.N.A.PALANIYANDI, ADVOCATE, SR NO:45326 JAM.SKS-RR/SAR-PA/7.9.15/2P-5C Crl.O.P.(MD)No.15371 of 2015 10.08.2015 https://hcservices.ecourts.gov.in/hcservices/