Madras High CourtCRL OP/1318/2021modified

K.Velumani v. State Rep.By Its

2021-02-02Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2021

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN K. Velumani S/o Kumaravel .. Petitioner Vs.

The State Represented by Inspector of Police, Malliyakarai Police Station, Salem District.

(Crime No.60 of 2019) .. Respondent PRAYER: Criminal Original Petition has been filed under Sections 439 (1) (b) of the Code of Criminal Procedure, to modify the Bail Condition that the petitioner may be permitted to report before the Inspector of Police, Jalakandapuram Police Station, Salem District everyday at 10:30 a.m until further orders in Crime No.188/2018 instead of the petitioner report and sign before the respondent police (Malliyakari Police Station, Salem District) daily at 10:00. a.m until further orders in C.M.P.No. 3170 of 2020 dated 20.11.2020 on the file of Principal Sessions Judge, Salem. For Petitioner : Mr.P.Kalimuthu For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) This Criminal Original Petition has been filed seeking for modification of the condition imposed by the Court below.

2. The petitioner has been implicated in this case for the offence under Section 'Man Missing' altered to Sections 147, 323, 341, 363 and 394 of IPC in Crime No.60 of 2019 and he was arrested and remanded to judicial custody from 02.11.2020 and therefore, he filed a petition for bail before the Court below. The Court below granted bail to the petitioner by an order dated 20.11.2020 with a condition that the petitioner shall appear before the Malliyakari Police Station Police Station daily at 10.00 a.m until further orders. To modify the aforesaid condition, the present petition has been filed.

3. The learned counsel for the petitioner submitted that the petitioner was implicated in another Criminal case and he moved a petition before this Court in Crl.O.P.No.20281 of 2020 for bail and this Court granted bail and directed the petitioner to report before the Jalakandapuram

Police Station Salem District, everyday at 10:30 a.m until further orders. In the said circumstances he was not able to appear in both police stations daily, hence seeks modification of bail condition.

4. Heard the learned Additional public prosecutor appearing for the respondent police.

5.Considering the facts and circumstances of the case, the condition imposed by the Court below is modified to the effect that the petitioner is directed to appear before the Jalakandapuram Police Station, Salem District everyday at 10:30 a.m until further orders. The other condition imposed by the Court below remains intact.

6. This Criminal Original Petition is disposed of, with the above modification.

02.02.2021 smn

V.BHARATHIDASAN,J smn To 1.The Judicial Magistrate No.II, Mettur.

2.The Sub-Inspector of Police, Jalakandapuram Police Station, Salen District.

(Crime No. 60 of 2019) 3.The Public Prosecutor, Madras High Court.

02.02.2021