IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.03.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.5600 of 2017
1. Raju
2. Senthamarai Kanthan 3.Mrurgantham 4.Sarathkumar 5.Muthu 6.Balu 7.Sakthivel
8. Anand ... Petitioners Vs The State rep. by SHO, Vridhachalam Police Station. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order dated 08.03.2017 passed in Crl.MP No.972 of 2017 in Crl.MP.No.809 of 2017 and may full relax the bail condition imposed in the order dated 01.03.2017 in Crl.MP.No.809 of 2017 passed by the learned Principal Sessions Judge, Cuddalore.
For Petitioners : Mr.V.Porkodi For Respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to set aside the order dated 08.03.2017 passed by the learned Principal Sessions Judge, Cuddalore in Crl.MP No.972 of 2017 insofar as the petitioners are concerned and relax the condition imposed on them by order dated 01.03.2017 in Crl.MP.No.809 of 2017.
2. It is the case of the petitioners that by order dated 01.03.2017 passed by the learned Principal Sessions Judge, Cuddalore in Crl.MP.No.809 of 2017, the petitioners herein and two other accused were granted bail subject to certain conditions, one of which is that they should stay at Villupuram and report before the SHO, Villupuram Town Police Station daily twice for 15 days and thereafter as and when required. Subsequently, they filed a petition in Crl.MP.No.972 of 2017 seeking relaxation of the said condition. However, the learned Judge, by order dated 08.03.2017, has relaxed the said condition to some extent only in respect of two accused. Aggrieved over the same, the petitioners are before this Court with the present petition.
3. Learned counsel for the petitioners submitted that the petitioners are regularly complying with the condition imposed by the learned Judge. Learned counsel further submitted that as the petitioners are staying at Villupuram i.e., out of their place of residence, they could not able to do their work and they are facing lots of difficulties. Therefore, learned counsel seeks for relaxation of the said condition.
4. Learned Additional Public Prosecutor, who took notice for the respondent, has no serious objection in relaxing the condition, as the petitioners are regularly complying with the same.
5. Considering the facts and circumstances of the case and taking note of the submissions made on either side, this Court is inclined to relax the condition imposed on the petitioners that they are directed to appear before the SHO Villupuram Town Police Station daily twice at 10.30am and 05.00pm for 15 days and thereafter as and when required, as follows:
“The petitioners shall report before the respondent police as and when required”.
6. Accordingly, this Criminal Original Petition is ordered.
22.03.2017 rk R.MAHADEVAN, J rk To 1.The Principal Sessions Judge, Cuddalore. 2.SHO, Vridhachalam Police Station.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.5600 of 2017 DATED: 22.03.2017 http://www.judis.nic.in