Madras High CourtCRL MP(MD)/11298/2019allowed

Muthukumar v. The Sub-Inspector Of Police,

2019-12-20Honourable Mr Justice G.R.Swaminathan2 pages

CRL MP(MD). No.11298 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Original Jurisdiction ) Date : 20/12/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD). No.11298 of 2019 in CRL OP(MD). No.8481 of 2019 Muthukumar, S/o. Kanthasamy, 16/34, North Street, Thaikavur, Nainarthoppu, Manaduthandupattu, Tiruchendur Taluk, Thoothukudi District.

... Petitioner/Accused Vs The Sub-Inspector of Police,, Kombai Police Station, Kombai, Theni District Crime No.63/2019.

... Respondent/Complainant For Petitioner : M/s. N. Pragalathan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR RELAXATION Under Sec.482 of Cr.P.C PRAYER :- to modify the condition dated 19.06.2019 imposed on the petitioner in Crl.OP(MD)No.8481 of 2019 on the file of this Court. ORDER : The Court Made the following order :- The petitioner was arrested and remanded to custody on 16.03.2019 for the offences under Section 366 of I.P.C. and Section 6 of Protection of Children from Sexual Offences Act r/w Section 3 (2)(V) of SC/ST(POA) Act.

2. He was granted bail by the Sessions Court as early as on 30.04.2019. But then, certain conditions were imposed on him. One of the conditions was to produce the original property document/original patta. The said condition could not be complied with by the petitioner. It was deleted by this Court on 19.06.2019. The petitioner is also still unable to come out on bail, as he is not in a position to produce Solvency Certificate. The petitioner's https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD). No.11298 of 2019 family members are not having any property. The petitioner therefore wants the said condition also to be deleted.

3. Even though the petitioner was granted bail some eight months back, he could not come out on bail. Therefore I can very well presume that he is indigent. Hence, the condition to produce Solvency Certificate is also deleted.

4. This petition stands allowed, on these terms. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) PMU TO

1. The Sessions Judge, Fast Track Mahila Court Theni.

2. Do-Through :, The Chief Judicial Magistrate, Theni District..

3. The Sub-Inspector of Police,, Kombai Police Station, Kombai, Theni District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.N.PRAGALATHAN, Advocate ( SR-22354[I] dated 20/12/2019 ) ORDER in CRL MP(MD) No.11298 of 2019 in CRL OP(MD). No.8481 of 2019 Date : 20/12/2019 MK (03.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2