IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.06.2017 CORAM:
THE HONOURABLE MR.JUSTICE S.BASKARAN Crl.O.P.No.11212 of 2017 Prayer: Criminal Original Petition is filed under Section 439(1)(b)of Cr.P.C., praying to relax the condition imposed by the Chief Metropolitan Magistrate Court to appear before the concerned Court for each and every hearings in Crl.M.P.No.121 of 2016 dated 08.01.2016 in C.C.No.2019 of 2015 on the file of the respondent police.
For Petitioner :Mr.Rahman Sheriff For Respondent :Mr.R.Sekar, Government Advocate(crl.side)
O R D E R
This petition is filed to relax the condition imposed by the Chief Metropolitan Magistrate Court to appear before the concerned Court for each and every hearings in Crl.M.P.No.121 of 2016, dated 08.01.2016 in C.C.No.2019 of 2015 on the file of the respondent police.
2. The learned counsel appearing for the petitioner would submit that the petitioner is working in Dubai as NRI and he is financially suffering for spending enormous money to appear before the trial Court from Dubai(abroad) to Chennai for each and every hearings and the petitioner has also apprehension to lose his employment for taking leave frequently every month and he has appeared more than 10 hearings before the trial Court without fail. Hence, this petition has been filed for the aforesaid prayer.
3. The learned Government Advocate (crl.side) would submit that from the date of imposition of the bail condition, the petitioner has been complying with the condition.
4. Considering the submission of the learned Government Advocate (crl.side), this Court is inclined to relax the condition imposed on the petitioner dated 08.01.2016 in Crl.M.P.No.121 of 2016.
5. Accordingly, this petition is allowed and the condition imposed on the petitioner dated 08.06.2016 is relaxed. It is made clear that if the petitioner is not able to attend the Court on the date of hearing, he shall file a petition under Section 317 of Cr.P.C., before the concerned Court and on such petition being filed, the learned trial Judge is directed to consider the same and pass orders in accordance with law.
22.06.2017 To The Inspector of Police, W4-All Women Police Station, Kilpauk, Chennai.
S.BASKARAN, J.
ari
Crl.O.P.No.11212 of 2017
22.06.2017