Madras High CourtCRL OP(MD)/11950/2018allowed

Saravanakumar v. The Inspector Of Police

2018-07-16Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD).No.11950 of 2018 Saravanakumar ..Petitioner/ Petitioner / Accused No.3 Vs.

State represented by The Inspector of Police All Women Police Station Cantonment, Trichy District. ..Respondent/Respondent /Complainant PRAYER: Criminal Original Petition filed under Section 439(1)(b) of the Criminal Procedure Code, to modify the condition imposed upon the petitioner in Cr.M.P.No.160 of 2018, dated 01.06.2018, on the file of the learned Mahila Court, Trichy.

For Petitioner : Mr.K.Sivabalan For Respondent : Mr.A.Robinson Government Advocate (Crl.Side)

O R D E R

This petition has been filed to modify the condition imposed upon the petitioner in Cr.M.P.No.160 of 2018, dated 01.06.2018, on the file of the learned Mahila Court, Trichy. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.The petitioner is in judicial custody since 30.04.2018 for the offences punishable under Sections 7 & 8 of POCSO Act and Section 366(A) I.P.C in Crime No.719 of 2018 on the file of the respondent police. The petitioner is shown as Accused No.3. He is said to have given accommodation to the main accused. The Court below granted bail to the petitioner with certain stringent conditions. The petitioner is unable to comply with the condition. Therefore, he continued languishing with the bail. https://hcservices.ecourts.gov.in/hcservices/

4.Taking note of the period of incarceration of the petitioner, the condition imposed by the Court below is modified to the effect that the petitioner shall release on bail subject to the following condition:

(i) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Mahila Court, Trichy.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)the petitioner shall not abscond.

(iv)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Sessions Judge, Mahila Court, Trichy.

2. The Inspector of Police, All Women Police Station, Cantonment, Trichy, Trichy District.

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

+1 CC to Mr.K.SIVABALAN, Advocate in SR.No.13146 MSA RJ/SV/SAR-4/17/07/2018 - 2P/5C Crl.O.P.(MD)No.11950 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 16.07.2018