M.Mukesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5981 of 2020 M.Mukesh ... Petitioner Vs.

State rep. By The Inspector of Police, T-4, Maduravoyal Police Station, Chennai - 600 095.

(Cr.No.874/2019) ... Respondent PRAYER: Criminal Original petition has been filed under Sections 434 (1) (b) of the Code of Criminal Procedure, to modify the condition in the order in Crl.M.P.No.347 of 2020, on the file of District Sessions Judge, Thiruvallur, dated 29.01.2020 from "To sign before the concerned police daily by 10.00 a.m., and 05.00 p.m., to sign before the Judicial Magistrate No.II, Poonamallee.

For Petitioner : M/s.S.Dhanalakshmi For Respondent :Mr. K.Prabakar Additional Public Prosecutor

O R D E R

This Criminal Original petition has been filed to modify the condition imposed in the order in Crl.M.P.No.347 of 2020, on the file of District Sessions Judge, Thiruvallur, dated 29.01.2020 from "To sign before the concerned police daily by 10.00 a.m., and 05.00 p.m., to sign before the Judicial Magistrate No.II, Poonamallee''.

2. The learned counsel for the petitioner would submit that earlier bail was granted by the Sessions Court, Thiruvallur, by an order dated 29.01.2020 with the condition that the petitioner shall sign before the concerned respondent police daily at 10.00 a.m., and 05.00 p.m. Since the petitioner was harassed in the police station, he has filed Crl.M.P.No.679 of 2020, seeking for modification of bail condition. However, the learned Judge had directed the respondent to allow the petitioner to sign before the concerned respondent. The petitioner apprehends harassment https://hcservices.ecourts.gov.in/hcservices/

at the hands of the respondent police and hence, he seeks for modification of condition.

3. The learned Additional Public Prosecutor would submit that the learned Judge has directed the respondent to permit the petitioner to sign before the concerned police station and the petitioner did not appear till today.

4. In view of the submissions made by the learned counsel for the petitioner, this Court modifies the said condition and directs the petitioner to appear before the learned Judicial Magistrate No.II, Poonamallee, every day at 10.30 a.m., instead of respondent police station until further orders. The other conditions imposed by the trial Court shall stand as it is.

5. Accordingly, this Criminal Original Petition is disposed of with the above modification.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar ub To 1.The District and Sessions Judge, Thiruvallur. 2.The Judicial Magistrate No.II, Poonamallee.

3. The Inspector of Police, T-4, Maduravoyal Police Station, Chennai - 600 095.

4.The Public Prosecutor, Madras High Court.

Crl.O.P.No.5981 of 2020 RGN(CO) GMY(21/05/2020) https://hcservices.ecourts.gov.in/hcservices/