Anandhan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.08.2015

CORAM

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN CRL.O.P. NO.20296 OF 2015 Anandhan ..

Petitioner/Accused

Versus

The Inspector of Police, DCB Kancheepuram.

(Crime No.130/2011) ..

Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 439(1)(b) of Code of Criminal Procedure, to relax the condition imposed on the petitioner by the learned Judicial Magistrate No.II, Chengalpattu, by an order dated 16.07.2015 in Crl.M.P.No.2239 of 2015. For Petitioner :

Mr.Tamil Maran For Respondent :

Mr.G.Ayyapparaj Government Advocate (Crl. Side)

O R D E R

The petitioner has come forward seeking relaxation of condition imposed on the petitioner by the learned Judicial Magistrate No.II, Chengalpattu, by an order dated 16.07.2015 in Crl.M.P.No.2239 of 2015, to appear before the respondent police daily at 10.00 a.m. for 30 days.

2. The learned counsel for the petitioner submitted that the petitioner is complying with the condition regularly and as the petitioner is a Government employee and he is a college professor at Kelambakkam, he finds it very difficult comply with the condition and hence he sought for relaxation of the said condition.

3. According to the learned Government Advocate (Criminal Side), the petitioner has complied with the condition only 10 days. He further submitted that the petitioner has to file petition only for modification and not for relaxation and on that ground, this petition is liable to be dismissed.

3. The objection raised by the learned Government Advocate is only a technical objection and this court is not standing on the https://hcservices.ecourts.gov.in/hcservices/

technical objection. Considering the submission of the learned counsel for the petitioner, the condition imposed on the petitioner is modified to the effect that the petitioner shall appear before the respondent police monthly once, i.e., on second Sunday of every month at 10.00 a.m. until further orders and this petition is ordered accordingly.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar vrc To 1.

The Judicial Magistrate, No.II, Chengalpattu.

2.

The Inspector of Police, DCB, Kancheepuram.

3.

The Public Prosecutor, High court, Madras.

+1 cc to M/s. S.Tamilmaran, Advocate, sr.48494 (08/09/15) CRL.O.P. No.20296 of 2015 bvr(co) kra(2/9) https://hcservices.ecourts.gov.in/hcservices/