Madras High CourtCRL OP(MD)/872/2017rejected

Gunasekaran v. The Inspector Of Police

2017-01-27Honourable Mr Justice N. Kirubakaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2017

CORAM

THE HON'BLE MR.JUSTICE N.KIRUBAKARAN CRL.O.P.(MD)No.872 of 2017 1.Gunasekaran 2.Mangaiyarkarasi .. Petitioners/Petitioners .. Vs ..

State Rep. By The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

(Crime No.134 of 2016) .. Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 439(1)(b) of the Code of Criminal Procedure, praying to modify condition imposed on the petitioners by the learned Principal Sessions Court, Thanjavur in Cr.M.P.No.47 of 2017 dated 06.01.2017. For Petitioners : Mr.M.Suresh For Respondent : Mr.P.Kandasamy Government Advocate(Crl. Side)

O R D E R

The petition has been filed under Section 439(1)(b) Cr.P.C praying to modify the condition imposed upon the petitioners by the learned Principal Sessions Court, Thanjavur in Cr.M.P.No.47 of 2017 dated 06.01.2017.

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

3. Learned counsel for the petitioners would submit that the trial court has granted bail to the petitioners in Crl.M.P.No .47 of 2017 imposing some conditions. One of the conditions is that the accused have to appear before the respondent police daily at 10.30 a.m for 30 days from the date of their surrender. He would submit that due to ill-health, they could not comply with the condition imposed the learned Principal and District and Sessions Judge, Thanjavur and hence, he prayed for modification. 4.Considering the facts and circumstances of this case, this Court considers it appropriate to relax the said condition. However, the petitioners shall appear before the respondent police as and when required for interrogation. The other conditions imposed by the court below shall stand unaltered.

5. The Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.The Principal District and Sessions Court, Thanjavur. 2.The Additional Public Prosecutor, Madurai Bench of Madras HighCourt, Madurai.

+1 cc to Mr.M.SURESH, Advocate, Sr.No:4442 CM MAS/SV-MMS:07.02.2017:2P/4C CRL.O.P.(MD)No.872 of 2017 27.01.2017 https://hcservices.ecourts.gov.in/hcservices/