Madras High CourtCRL OP(MD)/13445/2017relaxed

Diwakaran v. The Inspector Of Police

2017-10-06Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.13445 of 2017 1.Diwakaran 2.Suriya Prakash 3.Ezhilarasan 4.Rajapandian 5.Arjun Karthick 6.Alagumuthu 7.Muniasamy 8.Maduraisamy 9.Aathi 10.Velayutham 11.Hariharasudhan 12.Partheeban 13.Dhanasekaran 14.Selvaganesan 15.Selvam 16.Muthiah 17.Ajith 18.Balaji 19.Dinesh 20.Purusothaman 21.Rajkumar 22.Miltan 23.Yashwanth Subbu 24.Packiaraj 25.Karthick 26.Manojkumar 27.Ranjithkumar 28.Manojkumar 29.Jeyakumar ... Petitioners/Accused

Versus

1. State through, The Inspector of Police, Tallakulam Police Station, Madurai.

[Cr.No.1711/2017]

2. State through, The Inspector of Police, Cantonment Police Station, Trichy.

... Respondents

PRAYER: Criminal Original Petition filed under Section 439(1)(b) of the Code of Criminal Procedure, to relax the conditions imposed on the petitioners/Accused in Cr.M.P.No.4957 of 2017, dated 13.09.2017, by the learned I Additional District and Sessions Judge, Madurai.

For Petitioners : Mr.Narayanan for Mr.Maran For Respondents : Mr.K.Anbarasan Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition has been filed seeking to relax the conditions imposed on the petitioners/Accused in Cr.M.P.No.4957 of 2017, dated 13.09.2017, by the learned I Additional District and Sessions Judge, Madurai. 2.The learned counsel for the petitioners submitted that the petitioners in order to demonstrate against the implementation of NEET Exam and the death of Anitha, involved in the agitation all over Tamil Nadu. Hence, the respondent police registered a case against them for the offences punishable under Sections 143, 147, 188, 341, 353, 109, 120(b) IPC and Section 3(1) of TNPPDL Act, in Crime No.1711 of 2017 on 07.09.2017 and arrested them on the same day. Therefore, they filed a petition for bail in Cr.M.P.No.

4957 of 2014 before the I Additional District and Sessions Court, Madurai, and the learned I Additional District and Sessions Judge, Madurai, granted bail to the petitioners on condition that they should execute a bond for Rs.10,000/- each with two sureties for the likesum each to the satisfaction of the learned Judicial Magistrate No.II, Madurai, and on further condition that A7, A9, A24 and A28 should stay at Trichy and report and sign before the Trichy Cantonment Police Station daily at 10 a.m. for 30 days and as far as the other petitioners/accused are concerned, they should appear before the respondent police station daily at 10 a.m. for 30 days.

3.The learned Government Advocate (Crl.side) submitted that the petitioners are complying with the conditions regularly. 4.Heard both sides.

5.In view of the aforesaid submission made by the learned Government Advocate (Criminal side), this Court is inclined to relax the conditions imposed on the petitioners. Accordingly, the condition imposed on A7, A9, A24 and A28 that they should stay at Trichy and report and sign before the Trichy Cantonment Police Station daily at 10 a.m. for 30 days and also the condition

imposed on the other petitioners that they should appear before the respondent police station daily at 10 a.m. for 30 days, are relaxed.

Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The I Additional District and Sessions Judge, Madurai.

2. The Inspector of Police, Tallakulam Police Station, Madurai.

3. The Inspector of Police, Cantonment Police Station, Trichy.

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

SMN2 VB/KK/SAR1/23/10/2017/3P/5C Crl.O.P.(MD)No.13445 of 2017 06.10.2017