Ganesamoorthy v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.5737 of 2019 Ganesamoorthy ..Petitioner/Accused ..Vs..

The State rep. by its, The Sub-Inspector of Police, Perambalur Police Station, Perambalur District.

..Respondent/Complainant PRAYER:

Criminal Original Petition filed under Section 439 (1)(b) of the Code of Criminal Procedure, to modify the condition the petitioner should appear and sign before this Court daily at 10.00 a.m. for 15 days imposed before the Judicial Magistrate at Perambalur in Crl.M.P.No.2921 of 2018 order dated 16.10.2018 to any other District or Judicial Magistrate.

For Petitioner : Mr.D.Padmanaban For Respondent : Ms.M.Prabhavathi, APP

ORDER

This petition has been filed seeking to modify the condition before the Court below while granting bail to the petitioner, directing the petitioner to appear and sign before the Judicial Magistrate, Perambalur daily at 10.00 a.m. for 15 days.

2. The learned counsel for the petitioner submitted that when the petitioner appears before the Court, the petitioner is being harassed by the respondent Police and attempt is being made to register some more cases against the petitioner. Therefore, the petitioner wants to report before some other Court in a different District.

3. The request made by the petitioner cannot be acceded since ultimately the respondent Police will have to file the Final Report before the learned Judicial Magistrate at Perambalur. If the petitioner is being harassed by the respondent Police at the time of reporting https://hcservices.ecourts.gov.in/hcservices/

before the concerned Magistrate Court, the petitioner can always make a complaint before the concerned Magistrate Court regarding the same. For that purpose there is no requirement to modify the condition imposed by the Court below.

In view of the above, this Court does not find any merits to modify the condition imposed by the Court below. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS viii) //True Copy// Sub Assistant Registrar KP To

1. The Judicial Magistrate, Perambalur

2. Do thro the Chief Judicial Magistrate,Perambular District.

3.The Sub-Inspector of Police, Perambalur Police Station, Perambalur District.

4.The Additional Public Prosecutor, High Court, Chennai.

+1cc to Mr.D.Padmanaban, Advocate SR.No. 22723 Crl.O.P No.5737 of 2019 A.SK(20/03/2019) https://hcservices.ecourts.gov.in/hcservices/