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Madras High CourtCRL OP/23135/2015closed

P.R.Shanmugam v. The Inspector Of Police

2015-10-13Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.Nos.23135 to 23137 of 2015 P.R.Shanmugam ... Petitioner in all Crl.OPs.

Vs.

1. The Inspector of Police, CCB EDF Team I Commissioner Office, Chennai.

...Respdt. in Crl.O.P.No.

23135 of 2015

2. The Inspector of Police, R4 Police Station, Chennai.

...Respdt. in Crl.O.P.No.

23136 of 2015 3.The Inspector of Police, E3 Police Station, Teynampet, Chennai.

...Respdt. in Crl.O.P.No.

23137 of 2015 Common Prayer : Criminal Original Petitions filed under Section 482 of the Cr.P.C., praying to modify the condition imposed to appear before the respondent police daily at 10.30 a.m in (i) Crl.MP.No.14672 of 2015 dated 7.9.2015 in Crime No.321 of 2015 (ii) Crl.MP.No.14673 of 2015 dated 7.9.2015 in Crime No.2330 of 2015 respectively on the file of the Learned Principal District and Sessions Judge, Sessions Court, Chennai and (iii) Crl.MP.No.2976 of 2015 dated 01.09.2015 in Crime No.2592 of 2015 on the file of the learned XVIII Metropolitan Magistrate, Saidapet.

For Petitioner : Mr.A.Saravanan For Respondents : Mr.C.Emalias Additional Public Prosecutor

C O M M O N O R D E R These Criminal Original Petitions have been filed to modify the conditions imposed to the petitioner in Crl.MP.No.14672 of 2015 dated 7.9.2015 in Crime No.321 of 2015; Crl.MP.No.14673 of 2015 dated 7.9.2015 in Crime No.2330 of 2015 respectively on the file of the Learned Principal District and Sessions Judge, Sessions Court, Chennai and Crl.MP.No.2976 of 2015 dated 01.09.2015 in Crime No.2592 of 2015 on the file of the learned XVIII Metropolitan Magistrate, Saidapet.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. It is seen that this petitioner was arrested in Crime No.321 of 2015 by the Inspector of Police, CCB, EDF-Team I, Chennai; Crime No.2330 of 2015 by the Inspector of Police, R4, Pondy Bazaar Police Station, Chennai and in Crime No.2592 of 2015 by the Inspector of Police, E3 Teynampet Police Station, Chennai. This petitioner had applied for bail in Crl.MP.No.14672 of 2015 in Crime No.321 of 2015 and Crl.MP.No.14673 of 2015 in Crime No.2330 of 2015 before the Principal Sessions Judge, Chennai and the learned Judge was pleased to grant bail to this petitioner on 07.09.2015 in both the cases, on condition that he shall appear before two different respondent Police at 10.30 a.m. daily.

4. Since the petitioner cannot comply with the orders of appearing before the Inspector of Police, Central Crime Branch, EDF-Team I, Chennai as well as Inspector of Police, R4 Pondy Bazaar Police Station, Chennai at the same time daily, he has approached this Court for modification.

5. Taking into consideration, the nature of the allegations in both the cases, this Court is of the view that it will serve the interest of justice, if the conditions imposed by the learned Principal Sessions Judge, Chennai on 07.09.2015 in Crl.M.P.14673 of 2015, to report daily at 10.30 a.m., before the Inspector of Police, R-4 Pondy Bazaar Police Station (Crime No.2330/2015) be completely relaxed.

6. It is also seen that this petitioner was granted bail in M.P.No.2976 of 2015 on 01.09.2015 by the XVIII Metropolitan Magistrate, Saidapet, Chennai-15 in E-3 Teynampet Police Station,Chennai against Crime No.2592 of 2015, with a direction to the petitioner to appear before the Inspector of Police,E-3 Teynampet Police Station,Chennai everyday@10.00 a.m

7. In view of the similar condition that has been imposed against this petitioner by the learned Principal Sessions Judge in Crl.MP.No.14672 of 2015, it will serve the interest of justice, if the condition is modified. Accordingly, the condition imposed in M.P.No.2976 of 2015 on 01.09.2015 by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai in E3 Teynamet Police Station, Crime No.2592 of 2015, is modified to the effect that the petitioner shall appear before the Inspector of Police, E-3 Teynampet Police Station, Chennai, for a period of two weeks every day @ 5.30 p.m., With the above observation, these Criminal Original Petitions are closed.

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

1. The Inspector of Police, CCB EDF Team-I Commissioner Office, Chennai.

2. The Inspector of Police, R4 Pondy Bazaar Police Station, Chennai.

3. The Inspector of Police, E3 Police Station, Teynampet, Chennai.

4. The Principal District & Sessions Judge, Sessions Court, Chennai.

5. XVIII Metropolitan Magistrate, Saidapet, Chennai.

6. -do- Through The Chief Metropolitan Magistrate, Egmore, Chennai - 8.

7. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Saravanan, Advocate, S.R.No.56760 Crl.OP.Nos.23135 to 23137 of 2015 SKV(CO)CA(19/10/2015)