M.K.M.Mohammed Saffi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL MP(MD) No.5712 of 2016 IN CRL OP(MD) No.10294 of 2016 M.K.M.MOHAMMED SAFFI ... PETITIONER/PETITIONER Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI, TIRUNELVELI DISTRICT.
(CRIME NO.17/2016) ... RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the condition imposed upon the petitioner in Crl.O.P.(MD). No.10294 of 2016 dated 11.7.2016.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.HAJAMOHAIDEEN GISTHI, Advocate for the petitioner and of M/S.K.ANBARASAN, the Government Advocate(Crl.Side) on behalf of the Respondent the Court made the following order:- The petitioner was charged for the offences under Sections 417, 420, 506(ii) of IPC r/w 120(b) of IPC in Cr.No.17 of 2016. He filed a petition for anticipatory bail in Crl.O.P(MD)No.10294 of 2016 before this Court. This Court, by the order, dated 28.06.2016 granted anticipatory bail on condition that the petitioner should appear before the respondent police daily at 10.30 a.m., until further orders.
2.The petitioner has come out with the present petition to relax the condition for a period from 24.07.2016 to 02.08.2016 on the ground that one of his close relative marriage is scheduled on 25.07.2016 followed by a Waleema on 01.08.2016 at Egles Lake Side Banquet L Convention Hall, Kowdana Road, Attidiya, Kolumbu, Sri Lanka. The petitioner booked the ticket on 18.06.2016 even prior to the registration of the present FIR. The petitioner is the head of family and entire family is attending the function. There is no male member for solemnizing the ceremony and customary functions in the marriage and the presence of the petitioner is verymuch necessary to conduct the marriage. The petitioner will stay at the residence of one of his relative Abdulla Nilamdeen. The petitioner has furnished the address of his relative which reads as follows: https://hcservices.ecourts.gov.in/hcservices/
Abdulla Nilamdeen No.15/5, Co.T.G.Jeyawardane, Mawatha, Colombo-3, Srilanka, Tel No.0094112370466.
According to the petitioner, he executed the sureties on 02.07.2016 and he is regularly complying with the condition from 04.07.2016 to till date.
3.The learned counsel for the petitioner submitted that the petitioner has to leave to Colombo the abroad on 24.07.2016 and will return to India on 02.08.2016 and therefore, he come out with the present petition for relaxing the condition for the period from 24.07.2016 to 02.08.2016 passed in Crl.O.P(MD)No.10294 of 2016, dated 28.06.2016.
4.The learned Government Advocate (Crl.side) submitted that he is complying the condition regularly from 04.07.2016. 5.Considering the submissions made by the learned counsel for the petitioner and the affidavit filed by the petitioner before this Court, the condition already imposed on the petitioner in Crl.O.P. (MD)No.10294 of 2016, dated 28.06.2016 is relaxed only for a period from 24.07.2016 to 02.08.2016 and thereafter, the petitioner shall comply the condition as per the orders of this Court dated 28.06.2016 made in Crl.O.P(MD)No.10294 of 2016. sd/- 19/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE SPECIAL JUDICIAL MAGISTRATE/ SPECIAL COURT FOR LAND GRABBING CASES, TIRUNELVELI 2.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI, TIRUNELVELI DISTRICT.
+2. C.C. to M/S S.HAJAMOHAIDEEN GISTHI Advocate SR.No.37766 RL/6C/2P/SK/SKN/SARI/21/7/2016
ORDER
IN CRL MP(MD) No.5712 of 2016 IN CRL OP(MD) No.10294 of 2016 Date :19/07/2016 https://hcservices.ecourts.gov.in/hcservices/