1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.1468 of 2011 Suresh ... Petitioner Vs. State through the Sub-Inspector of Police, All Women Police Station, Tallakulam, adurai. (Crime No.28 of 2010) ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to modify the condition imposed against the petitioner in Cr.M.P.No.6460 of 2010, dated 30.12.2010 passed by the learned Judicial Magistrate No.II, Madurai. For Petitioner : M/s.P.Senguttuarasan For Respondent : Mrs.S.Devasena Govt. Advocate (Crl.side) O R D E R Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State. 2. This petition has been filed by the petitioner seeking to set aside the order passed by the lower Court, on 30.12.2010, stipulating a condition to appear before the said Court on the First Thursday of every English Calender month to be modified and relaxed. He would further submit that the order passed by the lower Court is working harsh, since the petitioner is working at Avinasi at Tirupur District and the offence said to have been committed by the petitioner is not so serious, so as to impose such condition, even after complied with the main condition of handing over the articles to the de-facto complainant. Therefore, he would request the Court to set aside the order passed by the lower Court. 3. The learned Government Advocate (Crl.side) would submit in her argument that the articles were handed over by the petitioner to the de-facto complainant in accordance with the direction given in the bail petition and the petitioner also complied with the condition before it is modified as per the impugned order, dated 30.12.2010. She would also submit in her argument that the investigation is also completed and the charge sheet was also https://hcservices.ecourts.gov.in/hcservices/ 2 filed. Therefore, she has left the matter to the discretion of the Court to pass orders. 4. Considering the submissions made on either side, this Court could see that the condition of handing over the Sridhana articles to the de-facto complainant within a specified time has been complied with by the petitioner and the condition to appear before the Court daily at 10.00 a.m. until further orders was sought to be relaxed in toto. But the lower Court had modified the same to appear before the said Court on the First Thursday of every English Calender month. No doubt it is true that the offence said to have been committed by the petitioner is under Section 498(A) I.P.C. and the petitioner had complied with the main condition already. However, the condition has been extended by the lower Court. Now it has been made known to the Court that the charge sheet has also been filed. Therefore, I have no hesitation to set aside the order passed by the lower Court directing the petitioner to appear before the said Court on the First Thursday of every English Calender month. Accordingly, the order passed by the lower Court is set aside and the said condition is completely relaxed. Accordingly, the petition is ordered. Sd/- Deputy Registrar(Accts.) /True Copy/ Assistant Registrar To 1. The Judicial Magistrate No.II, Madurai. 2. Do-Thro' The Chief Judicial Magistrate, Madurai. 3. The Sub-Inspector of Police, All Women Police Station, Tallakulam, Madurai. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Akv ssk/25.02.2011 /5c -2p/- Crl.O.P.(MD)No.1468 of 2011 07.02.2011 https://hcservices.ecourts.gov.in/hcservices/