1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD)NoS.352 and 353 of 2011 L.R.Jayasekar ... Petitioner in both Crl.RCs. Vs. State represented by the Inspector of Police, Prohibition and Enforcement Wing, Thuckaley, Kanyakumari District ... Respondent in both Crl.RCs. Prayer: Criminal Revision Cases filed under Section 397 r/w. 401 of Cr.P.C. against the orders passed by the learned Sessions Judge, Kanyakumari Division at Nagercoil in Crl.M.P.Nos.1241 and 1242 of 2011 dated 21.04.2011. For Petitioner : M/s. M.R.Sreenivasan For Respondent : Mr.P.Kandasamy Govt. Advocate (Crl.side) C O M M O N O R D E R There are totally five accused and they were charged for the alleged commission of the offences under Sections 4(1)(aaa)4(1) (i), 4(i)(b) of Tamil Nadu Prohibition Act r/w. Section 328 I.P.C. and 27(d), 27(b)(ii) of Drugs and Cosmetics Act, 1940 in Crime No.210 of 2010 by the respondent. 2. The learned counsel appearing for the revision petitioner/A2 would submit that A2 was arrested on 26.03.2011 and he was enlarged on bail on 01.04.2011 and from 07.04.2011 onwards, he is complying with the condition and hence, he has filed a petitions for relaxation in Crl.M.P.Nos.1241 and 1242 of 2011. The said petitions were dismissed by the Principal Sessions Judge, Kanyakumari District at Nagercoil on 21.04.2011, on the ground that the learned Public Prosecutor represented that the petitioner/A2 is not complying with the conditions. https://hcservices.ecourts.gov.in/hcservices/ 2 Challenging the vires of the same, the present revisions are filed. It is the submission of the learned counsel for the petitioner that the submission made by the learned Public Prosecutor before the Principal Sessions Court was not correct for the reason that the petitioner/A2 is scrupulously complying with the condition from 07.04.2011 onwards and on taking into consideration the said aspect, the condition imposed upon the petitioner may be relaxed. 3. Mr.P.Kandasamy, learned Government Advocate (Crl. Side) on instructions would submit that it is true that A2 is complying with the condition as ordered by the lower Court and that A4 and A5, who are the manufacturers of the drugs are absconding. 4. This Court taking into consideration the above facts and circumstances of the case, is modifying the condition as follows: The petitioner/A2 shall report before the respondent police on the first working day of every English Calender month at 11.00 a.m. until further orders. Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To 1. The Inspector of Police, Prohibition and Enforcement Wing, Thuckaley, Kanyakumari District. 2. The Sessions Judge, Kanyakumari Division, Nagercoil. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +Two Ccs to Mr.M.R.Sreenivasan, Advocate, SR.Nos.17269&17270 akv rl/6c – 10.6.2011 Crl.R.C.(MD)Nos.352 and 353 of 2011 06.06.2011 https://hcservices.ecourts.gov.in/hcservices/