Madras High CourtCRL OP(MD)/15749/2021ordered

Rajagopal v. The Inspector Of Police

2021-10-22Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P.(MD) No.15749 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2021

CORAM

THE HON'BLE Mr.Justice B.PUGALENDHI Crl.O.P.(MD) No.15749 of 2021 1.Rajagopal 2.Balaji 3.Peramaiyan ... Petitioners/Accused Nos.1 to 3 -VsState Rep. by The Inspector of Police, Peravurani Police Station, Thanjavur District.

(Crime No.733 of 2021) ... Respondent/Complainant Prayer : Criminal Original Petition is filed under Section 439(1) r/w 482 of the Code of Criminal Procedure to modify the second condition imposed by the learned Principal Sessions Judge, Thanjavur in Crl.M.P.No.4688 of 2021, dated 06.10.2021. For Petitioners : Mr.S.Deenadhayalan For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition is filed to modify the second condition imposed by the learned Principal Sessions Judge, Thanjavur in Crl.M.P.No.4688 of 2021, dated 06.10.2021.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

3. The case of the petitioners is that they were arrayed as accused No.1 to 3 in Crime No.733 of 2021 on the file of the respondent police for the offence under Sections 294(b), 323, 324 and 506(ii) of I.P.C and Section 4 of Women Harassment Act. He moved the anticipatory bail application in Crl.M.P.No.4688 of 2021 before the learned Principal Sessions Judge, Thanjavur. While granting bail, the learned Judge imposed a condition that the petitioners shall report before the leanred Judicial Magistrate No.I, Kumbakonam daily at 10 a.m., for a period of 15 days from the date of compliance of this order.

4. The grievance of the petitioners is that the third petitioner is aged about 71 years and he is having all old age ailments and the petitioners 1 and 2 are the sons of third petitioner and they are taking care of the third petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.15749 of 2021 Moreover, the petitioners have to travel 90 kms from their native. The petitioners are doing agricultural work and it is highly expensive for the petitioners to stay at Kumbakonam for complying with the condition. Therefore, they have come forward with the present petition seeking modification of the condition imposed by the Court below.

5.Considering the facts and circumstances of the case, the Condition imposed by the learned Principal Sessions Judge, Thanjavur, in Crl.M.P.No.4688 of 2021 is modified to the effect that the petitioners shall appear before the Inspector of Police, Peravurani Police Station, Thanjavur District, daily at 10 a.m., for a period of 15 days from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) cp To:

1.The Principal Sessions Judge, Thanjavur.

2.The Inspector of Police, Peravurani Police Station, Thanjavur District.

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

COPY TO:- The Judicial Magistrate No.I, Kumbakonam.

Crl.O.P.(MD) No.15749 of 2021 22.10.2021 NSN(CO) GC/PM(29.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2