Madras High CourtCRL RC(MD)/306/2019allowed

Senthilvel, v. The Inspector Of Police

2019-05-16Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI CRL.R.C.(MD)No.306 of 2019 and CRL.M.P.(MD)No.4521 of 2019 Senthilvel ... Petitioner / Respondent -VsThe State Represented by The Inspector of Police, Ganeshnagar Police Station, Pudukkottai.

(Crime No.186 of 2018) ... Respondent / Petitioner PRAYER: Criminal Revision Case filed under Section 379 r/w 401 Cr.P.C., praying to set aside the order dated 05.04.2019 made in Cr.M.P.No.662 of 2019 on the file of the Principal Sessions Judge, Pudukottai District and allow the above criminal revision petition. For Petitioner : Mr.A.Joseph Jerry For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.

ORDER

This Criminal Revision Case is filed to set aside the order dated 05.04.2019 made in Cr.M.P.No.662 of 2019 on the file of the Principal Sessions Judge, Pudukottai District. 2.The case of the prosecution is that the defacto complainant's husband namely, Ganesan was working as Driver under the petitioner's control. On 06.10.2018, the defacto complainant's husband had not come to work. Hence, the petitioner went his house and attacked the defacto complainant as well as the driver, who is the employee to the petitioner. Hence, this complaint. 3.This petitioner was enlarged on bail for the offences under Sections 294(b), 323, 324, 307, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, by order dated 25.01.2019 in Cr.M.P.No.195 of 2019 by the learned Principal Sessions Judge, Pudukottai on condition that the petitioner should report before the respondent police daily at 10.00 a.m., for a period of 30 days.

4.The petitioner apprehending that subsequent case would be foisted against him, has filed an application for modification and the same has been dismissed by the trial Court on 08.02.2019. As against which, an application has been filed before this Court and this Court, by order dated 26.03.2019, has relaxed the condition. https://hcservices.ecourts.gov.in/hcservices/

However, the trial Court has cancelled the bail that he has not complied with the conditions.

5.Since the condition, which has been originally imposed by the trial Court has been relaxed by this Court in Crl.O.P.(MD) No.4473 of 2019, dated 26.03.2019, this Court is inclined to allow this petition. Accordingly, this Criminal Revision Case is allowed and the order dated 05.04.2019 made in Cr.M.P.No.662 of 2019 on the file of the learned Principal Sessions Judge, Pudukottai District is set aside. Consequently, connected miscellaneous petition is closed.

Sd/- Vacation Officer // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Sessions Judge, Pudukottai District.

2.The Inspector of Police, Ganeshnagar Police Station, Pudukkottai.

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

CRL.R.C.(MD)No.306 of 2019 16.05.2019 myr KK/SAR/23.05.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/