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Madras High CourtCRL OP(MD)/9195/2019partly allowed

Sathasivam, v. The Inspector Of Police

2019-07-01Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 01/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9195 of 2019

1. Sathasivam,, S/o.Sappanimuthu, Kaliyamman Kovil Street, Ariyoor, Lalgudi Taluk, Trichy District.

2. Jeyapriya @ Manimozhi, W/o.Vadivukarasan, Kaliyamman Kovil Street, Ariyoor, Lalgudi Taluk, Trichy District.

3. S.Vasantha, W/o.Sathasivam, Kaliyamman Kovil Street, Ariyoor, Lalgudi Taluk, Trichy District.

4. Thamilarasan,, S/o.Sathasivam, Kaliyamman Kovil Street, Ariyoor, Lalgudi Taluk, Trichy District.

5. Anbarasan, S/o.Sathasivam, Kaliyamman Kovil Street, Ariyoor, Lalgudi Taluk, Trichy District.

... Petitioners 1 to 5/Petitioners 1 to 5 Vs The State represented by The Inspector of Police, Lalgudi Police Station, Trichy District (Cr.No.203/2019).

... Respondent/Complainant For Petitioners : M/s.A.Azhageson, Advocate.

For Respondent : M.Anantha Devi, Govt.Advocate (Crl.Side).

PETITION FOR MODIFICAION UNDER SECTION 439(i)(b) of Cr.P.C. PRAYER :- To modify the condition imposed in order in Cr.M.P.No.286 of 2019 dated 30.05.2019 on the file of the I Additional District Judge (Vacation Sessions Judge), Tiruchirapalli.

ORDER : The Court Made the following order :- This Criminal Original petition has been filed to modify the condition imposed by the learned I Additional District Judge (Vacation Sessions Judge), Tiruchirapalli in Cr.M.P.No.286 of 2019 dated 30.05.2019.

2. The learned counsel for the petitioners has submitted that the learned I Additional District Judge (Vacation Sessions Judge), Tiruchirapalli has granted anticipatory bail to the petitioners on condition that the petitioners 1 to 3 and 5 shall report before the respondent police daily at 10.00 a.m for a period of 30 days and the fourth petitioner shall report before the respondent police daily at 6.00 p.m for a period of 30 days and the sixth petitioner shall report before the respondent police once in a week on every Monday at 10.00 a.m until further orders and further they shall appear before the respondent police for interrogation as and when required. He further submitted that the first petitioner is aged about 70 years and the petitioners 2 and 3 are ladies and the fourth and fifth petitioners are the only bread winners of the family. Hence he seeks to modify the above said condition.

3. Heard the learned Government Advocate(Crl.Side) appearing for the State.

4. Considering the fact and circumstances of the case and considering the submissions made by the learned counsel for the petitioners and since the first petitioner is aged about 70 years and third petitioner is aged about 60, the condition imposed by the learned I Additional District Judge (Vacation Sessions Judge), Tiruchirapalli in Cr.M.P.No.286 of 2019 dated 30.05.2019 is modified to the effect that the first and third petitioners shall report before the respondent police as and when required for interrogation and Insofar as the other petitioners are concerned, there is no valid reason to modify the condition.

5. Hence the petition is dismissed in respect of petitioners 2, 4 and 5.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS )

TO

1. I Additional District Judge, Thiruchirappalli.

2. Do-Through The Principal District Judge, Trichy District.

3. The Inspector of Police, Lalgudi Police Station, Trichy District (Cr.No.203/2019).

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

ORDER

IN CRL OP(MD) No.9195 of 2019 Date : 01/07/2019 CS/ /SAR/18.07.2019/ 3P/ 5C