Senthil v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.6.2015

CORAM:

THE HON'BLE MR.JUSTICE R. SUBBIAH Crl.O.P. No.14197 of 2015 Senthil

...Petitioner/Accused

Vs.

State, by Inspector of Police, R6, Kumaran Nagar Police Station, Chennai (Crime No.1661 of 2015)

...Respondent/Complainant

Criminal Original Petition filed under Section 439 (1)(b) of Cr.P.C., to modify the condition of the learned Principal Sessions Judge, Chennai in Crl.M.P.No.7880 of 2015 dated 4.6.2015 in Crime No.1661/2015.

For Petitioner :

Mr.M. Govindaraju For Respondent :

Mr.M. Mohamed Riyaz Govt. Advocate (Crl.side)

O R D E R

Petition for modification of condition imposed in Crl.M.P.No.7880 of 2015 dated 4.6.2015 on the file of learned Principal Sessions Judge, Chennai.

2. On 4.6.2015, in Crl.M.P.No.7880 of 2015, the learned Principal Sessions Judge, Chennai, while granting bail to this petitioner has imposed a condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks.

3. The learned counsel for the petitioner submitted that the petitioner is facing life threat from his local enemies and

moreover he is afraid to appear before the respondent police, as they are threatening the petitioner to foist false cases against him. He further submitted that the petitioner herein is complying with the said condition scrupulously from 7.6.2015. Hence they have come forward with the present petition to modify the said condition.

4. Learned Government Advocate (crl.side) also submitted that petitioner is regularly complying with the said condition. 5.Considering the submissions made by the learned counsel for petitioner to the effect that the petitioner is strictly complying with the conditions imposed in Crl.M.P.No.7880 of 2015 dated 4.6.2015, this Court is constrained to relax the same and accordingly, the condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks is modified to the effect that the petitioner is directed to report before the XXIII Metropolitan Magistrate, Saidapet, Chennai daily at 10.30 a.m. for one week and thereafter as and when required for interrogation.

6. This petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar msr To

1. The Principal Sessions Judge, Chennai.

2.

The XXII Metropolitan Magistrate, Saidapet, Chennai.

3.

The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai.

4. The Public Prosecutor, High Court, Chennai.

1 CC to Mr.M. Govindaraju, Advocate SR.No. 28300 Crl.O.P. No.14197 of 2015 BR (CO) PSI (11.06.2015)