Boobalan v. The Sub Inspector Of Police

Crl.O.P(MD)No.4318 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP (MD)No.3813 of 2020 Boobalan ... Petitioner / Petitioner Vs.

The State rep.by The Sub Inspector of Police, P.C.Patti Police Station, P.C.Patti, Theni District.

(Crime No.34 of 2020) ... Respondent / Respondent Prayer : This criminal original petition is filed under Section 482 of Cr.P.C., to modify the condition imposed on the petitioner in the order dated 04.02.2020 passed in Cr.M.P.No.68 of 2020 on the file of the Sessions Court (Fast Track Mahila Court), Theni. For Petitioner : Mr.N.Pragalathan For Respondent : Mr.A.Robinson, Government Advocate (crl.side)

ORDER

The petitioner is an accused in Crime No.34 of 2020 registered on the file of the respondent police for the offences under Section 366 of I.P.C. and Section 8 of Protection of Children from Sexual Offences Act. He applied for bail and the same was granted by the learned Sessions Judge (Fast Track Mahila Court), Theni. However, the petitioner was directed to appear before the learned Judicial Magistrate, Kumudypoondi daily at 10.30 am and 5.30 pm and he was directed not to leave the Thiruvalluvar District. These conditions are sought to modify by the petitioner herein. Hence, this criminal original petition has been filed.

2.The learned Trial Judge was justified in giving a direction that the petitioner should not come in touch with the victim. The victim is based in Theni Taluk. The petitioner's counsel states that the petitioner will stay at Usilampatti and not enter the taluk https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4318 of 2020 limits of Theni. If the petitioner comes in contact with the victim or try to reach out in any other mode, this Court will not hesitate to recall the order and commit the petitioner to custody. Of course the petitioner will have to go to Theni to attend the court hearings. Except on those occasions, the petitioner will continue to stay at Usilampatti till the examination of the main witness is over.

3.With this modification, this criminal original petition is allowed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Sessions Court, Fast Track Mahila Court, Theni.

2.The Sub Inspector of Police, P.C.Patti Police Station, P.C.Patti, Theni District.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-11229[F] Crl OP (MD)No.3813 of 2020 11.03.2020 ias SDS (12.03.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2