Madras High CourtCRL MP/3671/2020modified

Prem Prakash v. State Rep.By

2020-03-20Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twentieth day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.3671 & 3672 of 2020 IN CRL OP.5287 & 4160/2020 PREM PRAKASH [PETITIONER IN BOTH THE PETITIONS] Vs STATE REP.BY [RESPONDENT IN CRL.M.P.NO.3671/2020 THE INSPECTOR OF POLICE, IN CRL.O.P.No.5287/2020] CBCID, DHARMAPURI.

CR.NO.1 OF 2018.

STATE REP BY [RESPONDENT IN CRL.M.P.NO.3672/2020 THE INSPECTOR OF POLICE, IN CRL.O.P.No.4160/2020] CCB,SALEM CR.NO.06 OF 2017.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased (i) To modify the bail condition appearing before the Respondent police at Dharmapuri as per the order passed in Crl.O.P.No.5287 dated 09.03.2020 (CRL.M.P.NO.3671/2020 IN CRL.O.P.No.5287/2020) (i) To modify the bail condition appearing before the Respondent police at Salem as per the order passed in Crl.O.P.No.4160/2020 dated 25.02.2020. (CRL.M.P.NO.3672/2020 IN CRL.O.P.No.4160/2020) Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S K.KANNAN, Advocate for the petitioner, [IN BOTH THE PETITIONS] and of MR. K.

PRABAKAR, Additional Public Prosecutor, on behalf of the Respondents, [IN BOTH THE PETITIONS] the court made the following order:- Crl.M.P.No.3671 of 2020 has been filed by the petitioner seeking to modify the bail condition imposed by this Court that the petitioner appearing before the respondent police at Dharmapuri, as per the order passed in Crl.O.P.No.5287 of 2020, dated 09.03.2020.

2. Crl.M.P.No.3672 of 2020 has been filed by the petitioner seeking to modify the bail condition imposed by this Court that the petitioner appearing before the respondent police at Salem, as per the order passed in Crl.O.P.No.4160 of 2020, dated 25.02.2020.

3. Learned counsel for the petitioner would submit that the petitioner was arrested in a case in Crime No.6/2017 registered by the Inspector of Police, CCB, Salem, and while he was in custody in the said case, he was produced under P.T. Warrant by the Inspector of Police, CB CID, Dharmapuri, in another case in Crime No.1/2018. The learned counsel for the petitioner further submitted that in respect of the case in Crime No.6/2017 [registered by the Inspector of Police, CCB, Salem], this Court, by order dated 25.02.2020, in Crl.O.P.No.4160 of 2020, has granted bail to the petitioner and imposed a condition that the petitioner should report before the Inspector of Police, CCB, Salem, daily at 10.30 a.m. and 5.00 p.m. for a period of two weeks and thereafter as and when required for interrogation.

4. Later, the petitioner was granted bail by this Court in respect of another case in Crime No.1/2018 registered by the Inspector of Police, CB CID, Dharmapuri, in Crl.O.P.No.5287 of 2020, dated 09.03.2020 and while granting bail in the said case, this Court imposed a condition that the petitioner should report before the Inspector of Police, CB CID, Dharmapuri, daily at 10.30 a.m. and 5.00 p.m. for a period of two weeks and thereafter as and when required for interrogation. Since both the orders overlap with each other, the petitioner is unable to comply with the said condition imposed by this Court and thereby, the petitioner has filed the above two criminal miscellaneous petitions for modification of the said condition.

5. Learned Additional Public Prosecutor would submit that the petitioner has not complied with the conditions imposed by this Court.

6. Taking into consideration the fact that both the orders overlap with each other, the petitioner is directed to appear before the Inspector of Police, CCB, Salem, in Crime No.6/2017, daily at 10.30 a.m., and 5.00 p.m. for the period from 30.03.2020 to 04.04.2020 and thereafter, the petitioner is directed to appear before the Inspector of Police, CB CID, Dharmapuri, in Crime No.1/2018, daily at 10.30 a.m., and 5.00 p.m. for the period from 07.04.2020 to 11.04.2020 and thereafter report before the respective police as and when required for interrogation.

-sd/- 20/03/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.V, (FAC) SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE JUDICIAL MAGISTRATE, NO.I, DHARMAPURI.

4 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI. [FOR INFORMATION] 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE INSPECTOR OF POLICE, CBCID, DHARMAPURI.

7 THE INSPECTOR OF POLICE, CCB, SALEM.

C.C. to M/S K.KANNAN Advocate on payment of necessary charges Order in CRL MP.3671 & 3671/2020 in CRL OP.5287 & 4160/2020 Date :20/03/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-05/08/2020