Dharma Alias Dharman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD)No.8779 of 2015 1.Dharma @ Dharman 2.M.Kumar 3.Ragu@Raguvaran 4.Saranraj 5.Arabaleeswaran 6.Bala @ Balamurugan 7.Hariharan 8.Satheesh 9.Vijayakumar 10.Bharath @ Bharathkuar 11.Balraju

...Petitioners/Petitioners

Vs.

State Rep. by The Inspector of Police, Lalgudi Police Station, Trichy District

...Respondents/Respondents

(Crime No.33/2015) PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to set aside the order passed by the I Additional District Judge (PCR), Trichirappalli, in Crl.M.P.No.130 of 2015 dated 20.04.2015 and to relax the condition imposed of the petitioners consent and pass such other orders as this Court may deem fit and proper in the nature and circumstances of the case.

For Petitioners : Mr.Veerakathiravan For Respondent : M/S.A.P.BALASUBRAMANIAN Govt.Advocate (Crl.side)

O R D E R

This petition has been filed to set aside the order passed by the I Additional District Judge (PCR), Trichirappalli,in Crl.M.P.No.130 of 2015 dated 20.04.2015 and to relax the condition imposed on the petitioners. 2.The petitioners were granted bail by the learned I Additional District and Sessions Judge(PCR), Trichirappalli, in Crl.M.P.Nos. 85 and 87 of 2015 for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 IPC r/w Sections 3(1)(r) & S, 3(2)(Va) of S.C./S.T POA Amendment Ordinance Act on the condition that they should appear before the learned Judicial Magistrate No.1, Thanjavur, at 10.30a.m on all working days until further orders. When the petitioners moved an application for relaxation of condition in Crl.M.P.No. 130 of 2015, it was represented that the petitioners did not comply with the condition for two days and therefore, the application was dismissed directing the https://hcservices.ecourts.gov.in/hcservices/

petitioners to comply with the condition and file an application after 15 days. Challenging the said order, the present Criminal Original Petition is filed.

3.Mr.Veerakathiravan, learned counsel for the petitioners submitted that the petitioners have been complying with the condition for more than 60 days and they find it difficult to comply with the condition in future. He further submitted that the major offence alleged against the petitioner is Section 324 IPC and hence, he prays for modification of condition.

4.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl.side) appearing for the State. 5.Considering the facts and circumstances of the case, the order passed by the learned I Additional District and Sessions Judge (PCR), Trichirappalli is set aside. The condition is relaxed. Accordingly, this petition is allowed.

Sd/- Assistant Registrar(RTI) \\True copy\\ Sub Assistant Registrar To, 1.The Inspector of Police,Lalgudi Police Station, Trichy District. 2.The I Additional District and Sessions Judge(PCR), Trichirappalli. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc TO M/S.VEERA KATHIRAVAN, ADVOCATE SR.NO.24478 CRL.O.P.No.8779 of 2015 30.04.2015 SES NA/27/05/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/