1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2011 CORAM: THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CRL.RC.(MD).No.323 of 2011 Jothi : Petitioner / Petitioner Vs. State represented by:: The Sub-Inspector of Police Koodangulam Police Station Tirunelveli District : Respondent / Respondent PRAYER: Petition is filed under Section 397 read with 401 of the Criminal Procedure Code, to call for the records pertaining to the order dated 11.04.2011 in Cr.M.P.No. 1369 of 2011 on the file of the Principal District and Sessions Judge, Tirunelveli and set aside the same and consequently allow the relaxation petition. For Petitioner : Mr.V.Sasikumar For Respondent: Mr.P.Rajendran, Government Advocate (Crl. Side) O R D E R The respondent police registered a case against the petitioner in Crime No. 102 of 2011 for the alleged commission of offences under Sections 294(b), 307, 506(ii) of I.P.C., and read with Section 25(1) (-1- B) (b) of the Indian Arms Act and he was arrested in connection with the said case. 2. The petitioner moved a Petition in Cr.M.P.No. 1089 of 2011 before the Principal Sessions Court and vide order, dated 23.03.2011, he was enlarged on bail subject to the execution of bond for a sum of Rs.10,000/- with two sureties for the like sum each to the satisfaction of the Court of Judicial Magistrate, Valliyoor, with a condition that he shall report before the respondent police daily at 10.00 a.m., until further orders. The petitioner after complying with the order for 17 days, has filed a Petition in Cr.M.P.No. 1369 of 2011 for relaxation of the said condition and it was dismissed by stating the reason that the petitioner has been complying with the condition only for 17 days and taking into consideration the nature of the offence, the condition cannot be relaxed. Challenging the vires of the said order, the present Revision is filed. 3. The learned counsel appearing for the petitioner would submit that the petitioner is eking out his livelihood as a fisherman and he has scrupulously complying with the condition till this date and therefore, prays for setting aside the order and relaxation of condition. 4. The learned Government Advocate (Crl. Side) would submit that till this date, the petitioner has complying with the condition. https://hcservices.ecourts.gov.in/hcservices/ 2 5. This Court taking into consideration the rival submissions and facts and circumstances of the case, is of the view that the impugned order, dated 23.03.2011 made in Cr.M.P.No. 1089 of 2011 is to be set aside and the condition imposed by the Sessions Court also requires to be modified. 6. In the result, this Criminal Revision Petition is allowed. The order, dated 23.03.2011 made in Cr.M.P.No. 1089 of 2011 is set aside and the petitioner is directed to report before the respondent police once in 15 days on the first and 16th day of every month at 10.00 a.m., until further orders. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR vsg To 1. The Principal District and Sessions Judge, Tirunelveli. 2. The Sub-Inspector of Police Koodangulam Police Station, Tirunelveli District 3. The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai. DM:2011::MAY:18:: CRL.RC.(MD).No.323 of 2011 28.04.2011 2p:4c:; https://hcservices.ecourts.gov.in/hcservices/