IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.1199 of 2017 and Crl.M.P.No.878 of 2017 Ramachandran ... Petitioner Vs State represented by The Inspector of Police, CCIW Villupuram Police Station, Villupuram District. ... Respondent Criminal Original Petition filed under Section 439(1b) Cr.P.C. to modify the conditions imposed upon the petitioner by the learned Principal Sessions Judge, Villupuram in Crl.M.P.No.6883 of 2016 dated 02.01.2017 in Cr.No.6 of 2016.
For Petitioner : M/s.V.Sasi Rekha For Respondent : Mr.C.Emalias, APP ORDER This Criminal Original Petition has been filed to modify the conditions imposed upon the petitioner by the learned Principal Sessions Judge, Villupuram in Crl.M.P.No.6883 of 2016 in Cr.No.6 of 2016 dated 02.01.2017.
2. The case of the petitioner is that he was arrayed as A11 in a case in Crime No.6 of 2016 for the alleged offences punishable under Sections 120(B), 408, 420, 468, 471 and 477(A) IPC. Apprehending arrest, he filed a petition in Crl.MP.No.6883 of 2016 before the learned Principal Sessions Judge, Villupuram, seeking an order of anticipatory bail, which was granted, by an order dated 02.01.2017. While ordering anticipatory bail to the petitioner, the learned Sessions Judge, imposed certain conditions, one of which is to deposit a title deed for the value of Rs.2 lakhs as security before the lower court. Aggrieved over the said condition, the petitioner has come up with the present petition for the above stated relief.
3. Learned counsel for the petitioner submitted that the petitioner is in no way connected with the alleged commission of the offences and he has been falsely implicated in the said case. Learned counsel further submitted that the petitioner had pledged his gold jewels in the co-operative society at Chinnasalem, but the appraiser concerned with the connivance of his men, has manipulated and replaced the original jewels with bogus one. Learned counsel also submitted that by order of this Court dated 05.01.2017 in Crl.O.P.No.18 of 2017, A10 was granted anticipatory bail with usual conditions and there was no condition relating to security deposit. Therefore, the learned counsel seeks modification of the conditions imposed on the petitioner herein by the learned Sessions Judge.
4. Heard the learned Additional Public Prosecutor for the respondent, who fairly agreed the order so passed by this Court in respect of a co-accused.
5. Considering the facts and circumstances of the case and also taking note of the order passed by this Court in respect of A10 as referred to above, this Court is inclined to modify the order impugned herein.
6. Accordingly, the order dated 02.01.2017 in Crl.M.P.No.6883 of 2016 in Cr.No.6 of 2016 passed by the learned Principal Sessions Judge, Villupuram is modified as follows:
“The petitioner is ordered to be released on bail in the event of arrest or surrender before the concerned Judicial Magistrate within a period of 10 days from the date of receipt of a copy of this order, on his executing a bond for Rs.10,000/- with two sureties for a like sum each to the satisfaction of Judicial Magistrate, Kallakurichi and on condition that the petitioner shall appear before the respondent police daily at 10.00 am until further orders and further that the petitioner shall appear before the investigation officer for interrogation whenever required and not to tamper with the witnesses either directly or indirectly in the mean while.”
7. With the above modification, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.
27.01.2017 Index:Yes/No rk To
1. Principal Sessions Judge, Villupuram.
2. The Inspector of Police, CCIW Villupuram Police Station, Villupuram District.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J.
rk Crl.O.P.No.1199 of 2017 DATED: 27.01.2017