Madras High CourtCRL OP/8898/2020granted

Gugathasan v. The State Rep By Its,

2020-06-18Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.06.2020

CORAM

THE HONOURABLE MR.JUSTICE. M. NIRMAL KUMAR Crl.O.P.No.8898 of 2020 Kugathasan @ Gugathasan ... Petitioner Vs.

The State Rep. by, The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai District.

(Crime No.12 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C, to enlarge the Petitioner on bail in Crime No.12 of 2020 pending on the file of the respondent police.

For Petitioner : Mr.M.Ravikumar For Respondent : Mr.P.Kritika Kamal Government Advocate [Crl. Side]

ORDER

The matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned Government Advocate [Crl. Side].

2.It is represented by the learned Government Advocate [Crl. Side] that the petitioner has come by tourist visa on 12th January 2020, which is valid upto 25th February 2020. The occurrence had taken place on 24.01.2020. It is further represented that this Court vide order dated 18.06.2020 released the petitioner on bail. In the meanwhile, G.O.(1D)No.216, dated 24.06.2020 is issued by which the petitioner is directed to be lodged at Special Camp, Tiruchirapalli. 3.It is also brought to the notice of this Court that the petitioner after obtaining bail from this Court filed a petition under Section 167(2) Cr.P.C before the lower Court, which fact is admitted by the learned counsel for the petitioner. This obviously exposes the intention of the petitioner to escape from the clutches of law and country by any means. Hence, she sought for police protection to comply with the Government order. 4.Heard the submissions of the learned counsel for the petitioner.

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5.It is not in dispute that the petitioner is a native of Srilankan, a foreign national. The petitioner was granted bail vide order dated 18.06.2020, then the above facts were not brought to the notice of this Court. In the light of the above facts and circumstances, this Court directs the petitioner to reside at Special Camp, Tiruchirapalli. As per G.O.(1D)No.216, dated 24.06.2020, the petitioner is at liberty to challenge the said Government Order if he so denies.

6.In view of the subsequent development, this Court directs the petitioner to comply with the condition imposed in Crl.O.P.No.8898 of 2020 dated 18.06.2020 after compliance of detention order. -sd/- 25/06/2020 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.I, POONAMALLEE 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, R-9 VALASARAVAKKAM POLICE STATION, CHENNAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 5 THE OFFICER INCHARGE, THE SPECIAL CAMP, TIRUCHIRAPALLI CC to M/S.M.RAVIKUMAR Advocate on payment of necessary charges CRL OP.8898/2020 Date :25/06/2020 RVR 29/09/2020 https://hcservices.ecourts.gov.in/hcservices/