1. Jegan IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.06.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.10981 of 2017
2. Victorpaul 3.Kannimary 4.Sankar 5.Muthulakshimi 6.Sagayamary 7.Rajesh 8.Mohanraj 9.Annamalai 10.M.Sivanandham ... Petitioners Vs Inspector of Police, Periyathachur Police Station. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the conditions imposed in the order dated 06.06.2017 passed in Crl.MP.No.3755 of 2017 by the Sessions court, Villupuram Sessions Division, Villupuram.
For Petitioners : Mrs.V.Porkodi For Respondent : Mr.C.Emalias, APP ORDER This Criminal Original Petition has been filed to modify the conditions imposed on the petitioners by order dated 06.06.2017 passed by the Court of the Sessions, Villupuram Sessions Division, Villupuram in Crl.M.P No.3755 of 2017.
2. It is the case of the petitioners that apprehending arrest in connection with Crime No.162 of 2017 on the file of the respondent police registered for the offences punishable under Sections 147, 294(b), 353, 448 and 506(i) IPC, the petitioner filed a petition in CMP.No.3755 of 2017 seeking anticipatory bail. By order dated 06.06.2017 passed by the Court of the Sessions, Villupuram Sessions Division, Villupuram, the said petition was ordered by releasing the petitioners on bail in the event of their arrest or their surrender before the court concerned on or before 16.06.2017, on depositing a sum of Rs.5,000/- each as cash security before the lower court as well as on their executing a bond for Rs.10,000/- each with two sureties for a like sum to the satisfaction of the Judicial Magistrate No.II, Tindivanam and on condition that they shall appear before the respondent police station daily at 10.00am until further orders. Aggrieved over the said conditions, the petitioners are before this Court with the present petition seeking modification of the same.
3. Learned counsel for the petitioners submitted that the petitioners have nothing to do with the alleged offences and they have been falsely implicated in the case. Learned counsel further submitted that considering the economic status of the petitioners, the conditions imposed on them are onerous. Therefore, learned counsel prayed for modification of the conditions.
4. Heard the learned Additional Public Prosecutor appearing for the respondent.
5. Considering the facts and circumstances of the case and taking note of the submissions made on either side, this Court is inclined to modify the conditions imposed on the petitioners by the Court of the Sessions, Villupuram Sessions Division, Villupuram by order dated 06.06.2017 in CMP.No.3755 of 2017, as follows:
“The petitioners are ordered to be released on bail in the event of arrest or their surrender before the concerned Judicial Magistrate within a period of two weeks from the date of receipt of a copy of this order, on executing a personal bond for a sum of Rs.5,000/- each before the lower court, instead of cash deposit, as well as on their executing a bond for Rs.10,000/- each with two sureties for a like sum to the satisfaction of the Judicial Magistrate No.II, Tindivanam and on condition that they shall appear before the respondent police station as and when required for interrogation and on further condition that they shall not tamper with the witnesses either directly or indirectly till the completion of the investigation.”
6. This Criminal Original Petition is disposed of accordingly.
13.06.2017 Index:Yes/No rk To
1. The Court of the Sessions, Villupuram Sessions Division, Villupuram.
2. The Judicial Magistrate No.II, Tindivanam. 3.Inspector of Police, Periyathachur Police Station.
4.The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J rk Crl.O.P.No.10981 of 2017 DATED: 13.06.2017 http://www.judis.nic.in