Madras High CourtCRL OP(MD)/17272/2017ordered

Esakkimuthu v. The Inspector Of Police

2017-12-22Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.17272 of 2017 1.Esakkimuthu 2.Valli@Vallivel 3.Muppidathi 4.Arumugam 5.Subbaiah ... Petitioners/ Petitioners Vs.

The Inspector of Police, Radhapuram Police Station, Tirunelveli District

...Respondent/Respondent

PRAYER: Criminal Original Petition is filed under Section 439(1) (b) of the Code of Criminal Procedure, to modify the condition imposed in Crl.M.P.(MD).No.3405 of 2017, dated 28.11.2017 on the file of the learned II Additional District & Sessions Judge, Tirunelveli.

For Petitioners : Mr.M.Maharaja For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioner to modify the condition imposed in Crl.M.P.(MD).No.3405 of 2017, dated 28.11.2017 on the file of the learned II Additional District & Sessions Judge, Tirunelveli.

2.The learned counsel for the petitioners would submit the petitioners are enlarged on interim bail by the learned II Additional District and Sessions Judge, Tirunelveli for the alleged offences under Sections 147, 294(b),323, 506(ii) I.P.C., and Section 4 of Tamilnadu Prohibition of harassment of Women 2002 and Sections 3(i)(r), 3(i)(s), 3(2)(Va) of SC/ST Act (POA) amendment Act, 2015 in Crl.M.P.No.3405 of 2017 dated 28.11.2017 and they complied the condition from 30.11.2017 to till date. The learned counsel further submitted that the petitioners are https://hcservices.ecourts.gov.in/hcservices/

brothers and they are agricultural cooli. They have to do their agricultural work for this raining season. It is much difficult to observe the above said condition. Hence, he prays to modify the condition imposed by the learned Appellate Court. 3.The learned Government Advocate (Crl.side) appearing for the respondent Police has no serious objection for allowing the petition.

4.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), the petitioners are permitted to appear and sign before the Thoothukudi South Police Station, Thoothukudi daily evening at 6.30 p.m until further orders. 5.Except the above said modification, all the other conditions imposed by learned II Additional District and Sessions Judge, Tirunelveli in Crl.M.P.No.3405 of 2017 dated 28.11.2017 remains unaltered.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The II Additional District and Sessions Judge, Tirunelveli

2. The Inspector of Police, Radhapuram Police Station, Tirunelveli District

3. The Inspector of Police, Thoothukudi South Police Station, Thoothukudi

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

+ 1 cc TO Mr.M.Maharaja , Advocate in SR No. 94493 msa AE/KK/SAR2/02.01.2018/2P/6C Crl.O.P.(MD)No.17272 of 2017 22.12.2017 https://hcservices.ecourts.gov.in/hcservices/