Madras High CourtCRL OP(MD)/11690/2018allowed

Saravanan v. The Inspector Of Police

2018-07-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.11690 of 2018 1.Saravanan 2.Vijay ... Petitioners/ Petitioners in Cr.M.P.No.2440 of 2018/A2 & A5 3.Vasudevan ... Petitioner/ Petitioner in Cr.M.P.No.2498 of 2018/A1 Vs.

State Rep. by The Inspector of Police, Sholavandan Police Station, Madurai.

Crime No.177 of 2018 ... Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 439(1) (b) of the Code of Criminal Procedure, to modify the condition imposed by the learned 1st Additional District and Sessions Judge, Madurai in Crl.M.P.Nos.2440 and 2498 of 2018 dated 26.06.2018. For Petitioners : Mr.S.Ramachandrapradeep For Respondent : Ms.M.Ananthadevi Government Advocate (Crl. Side)

ORDER

The petitioner has come forward with this petition seeking to modify the condition imposed by the learned 1st Additional District and Sessions Judge, Madurai in Crl.M.P.Nos.2440 and 2498 of 2018, dated 26.06.2018.

2.The petitioners were granted bail by the learned 1st Additional District and Sessions Judge, Madurai, on 26.06.2018. The condition imposed in that order was that they should stay at Pudukkottai and sign before the Pudukkottai Police Station daily at 10.00 a.m.

3.The counsel for the petitioners submits that the petitioners are coolies and that therefore they do not have the wherewithal to stay at Pudukkottai.

4.Since, the petitioners are not having any previous case, taking into account their poor economic condition, even though this Court is satisfied that the learned 1st Additional District and Sessions Judge, Madurai, was right in imposing the said condition, this Court is of the view that the conditions deserve to be modified.

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5.Accordingly, the petitioner shall appear before the learned Judicial Magistrate, Vadipatti, daily at 10.30 a.m. on all working days for a period of six weeks. The counsel for the petitioners on instructions undertakes that the petitioners will not apply for relaxation or modification of the condition.

6.Subject to the above condition this petition is allowed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-3) To 1.The 1st Additional District and Sessions Judge, Madurai. 2.The Judicial Magistrate, Vadipatti.

3.The Inspector of Police, Sholavandan Police Station, Madurai.

4.The Inspector of Police, Pudukottai Town Police Station, Pudukottai.

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

+1 CC to Mr.S.RAMACHANDRA PRADEEP, Advocate in SR.No.13148 TM RJ/PN/SAR-3/25/07/2018 - 2P/7C Crl.O.P.(MD)No.11690 of 2018 12.07.2018 https://hcservices.ecourts.gov.in/hcservices/