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Madras High CourtCRL OP/10248/2016modified

Ravichandran v. State Rep. By

2016-05-04Honourable Mr Justice P. Kalaiyarasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.05.2016 C O R A M THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.Nos.10248 to 10251 of 2016 Ravichandran .. Petitioner in all the petitions Vs.

State rep. By Inspector of Police, Nagapattinam District Crime Branch, Nagapattinam .. Respondent in Crl.O.P.No.10248 of State rep. By The Inspector of Police, Erode District Crime Branch, Erode .. Respondent in Crl.O.P.No.10249 of 2016 State rep. By The Inspector of Police, Salem District Crime Branch, Salem .. Respondent in Crl.O.P.No.10250 of 2016 State rep. By The Sub-Inspector of Police, Kouthambady Police Station, Gobichettipalayam, Erode District .. Respondent in Crl.O.P.No.10251 of 2016 Common Prayer: Criminal Original Petitions filed under Section 439(1)(b) of the Criminal Procedure Code, praying to modify the conditions in C.M.P.Nos.5267 of 2015; *2107 of 2015; 5192 of 2015 and 2307 of 2015 by the learned Judicial Magistrate No.1, Nagapattinam; learned District Munsif cum Judicial Magistrate, Omalur; Chief Judicial Magistrate, Erode; Judicial Magistrate No.II, Gobbichettipalayam dated 02.11.2015; 27.10.2015; *29.09.2015 and 04.11.2015 respectively.

For Petitioner :

Mr.E.K.Kumarresan For Respondents :

Mr. C.Emalias Additional Public Prosecutor

C O M M O N O R D E R Seeking modification of the condition in C.M.P.Nos. 5267 of 2015; *2107 of 2015; 5192 of 2015 and 2307 of 2015 dated 02.11.2015; *29.09.2015; 27.10.2015 and 04.11.2015 imposed by the learned Judicial Magistrate No.1, Nagapattinam; learned District Munsif cum Judicial Magistrate, Omalur; Chief Judicial Magistrate, Erode;

Judicial Magistrate No.II, Gobbichettipalayam, these petitions have been preferred by the petitioner after invoking the inherent jurisdiction of this Court under Section 439(1)(b) of the Code of Criminal Procedure. 2.Heard both sides.

3. The learned counsel for the petitioner would submit that the petitioner has been granted bail in all the four cases and in each of the case, the petitioner has been directed to appear at four different places. He would further submit that the petitioner is a handicapped person. Now, the petitioner seeks for modification to appear before any one of the court. 3.Considering the facts and circumstances of the case and coupled with further fact that the petitioner is the handicapped person, this Court is inclined to modify the said condition imposed in Crl.M.P.Nos. 5267 of 2015; *2107 of 2015; 5192 of 2015 and 2307 of 2015 respectively by the learned magistrate concerned to the effect that the petitioner shall appear before the learned Judicial Magistrate No.I, Salem daily at 10.30 a.m., until further orders. Except the said modification, all other conditions imposed by the courts below shall remain unaltered. These petitions are modified accordingly.

-s/dAssistant Registrar *Amended as per order of this Court dated 11.05.2016 and made in Crl.MP.No.5564/2016 -s/dAssistant Registrar(CSIV) dt:12/05/2016 True Copy Sub-Assistant Registrar

To 1.The Judicial Magistrate NO.I (To be Substituted to the order Nagapattinam (already despatched on 09/05/2016 2.The District Munsif-cum-Judicial Magistrate Omalur 3.The Chief Judicial Magistrate Erode

4. The Judicial Magistrate NO.2 Gobichettipalayam 5.The Inspector of Police, Nagapattinam District Crime Branch, Nagapattinam 6.The Inspector of Police, Erode District Crime Branch, Erode 7.The Inspector of Police, Salem District Crime Branch, Salem 8.The Sub-Inspector of Police, Kouthambady Police Station, Gobichettipalayam, Erode District 9.The Public Prosecutor, High Court, Madras.

+2 ccs to Mr.E.R.Kumaresan Advocate sr.28111 Crl.O.P.Nos.10248 to 10251 of 2016 pvr(co) aa06/05/2016 aa12/05/2016