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Madras High CourtCRL RC/1311/2016disposed of

Thambi @ Thambiyannan @ v. State Rep. By Its

2016-11-08Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:08.11.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.1311 of 2016 Thambi @ Thambiyannan @ Amirthalingam ..

Petitioner/Accused Vs State represented by The Inspector of Police, Mettupalayam Police Station, Crime No.621 of 2016, Mettupalayam Divsion, Coimbatore District. ..

Respondent Criminal Revision filed under sections 397 r/w 401 of Criminal Procedure Code to call for the records and modify the order passed in Crl.M.P.No.2506 of 2016 dated 20.10.2016 in connection with Crime No.621 of 2016 on file of the respondent by the Principal District and Sessions Judge of Coimbatore by modifying the condition the petitioner shall appear concerned Court as and when required instead of the petitioner has directed to appear before the Dharmapuri Police Station daily at 10.30 a.m., until further orders. For Petitioner :

Mr.P.Kalimuthu For Respondent :

Mr.K.Madhan Government Advocate (Crl side)

O R D E R

This petition has been filed to modify the order passed in Crl.M.P.No.2506 of 2016 dated 20.10.2016 in connection with Crime No.621 of 2016 by the Principal District and Sessions Judge of Coimbatore by modifying the condition that the petitioner shall appear before the concerned Court as and when required instead of the petitioner being required to appear before the Dharmapuri Police Station daily at 10.30 a.m., until further orders.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

3. On the complaint lodged by the defacto-complainant, the respondent police have registered a case in Crime No.621 of 2016 for offences under Section 3 of TNPPDL Act. It is the case of the respondent that the petitioner (A2) caused damaged to three vehicles. The investigation is not yet completed and the respondent police has not seized the vehicle in question.

4. The petitioners filed Crl.M.P.No.2506 of 2016 under Section 439 of Cr.P.C for release of the petitioners on bail and the learned Principal District Sessions Judge, Coimbatore by order dated 20.10.2016 has granted bail on the petitioners on certain conditions condition No.3 reads as follows:

"iii The petitioners are directed to appear before the Dharmapuri Police Station daily at 10.30 a.m., until further orders.

5. Aggrieved with the aforesaid condition, the petitioner (A2) is before this Court for modification on the ground that the investigation has been completed and the petitioners are regularly complying with the conditions without any default.

6. Considering the submissions on either side and taking note of the fact that the investigation stands completed and the petitioners are regularly comply with the conditions condition No.3 imposed in the order dated 20.10.2016 in Crl.M.P.No.2506 of 2016 stands modified to the effect that the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of three days and the petitioner shall appear before Dharmapuri police station daily at 10.30 a.m., for a period of four weeks thereafter and subsequently the petitioner shall appear before the respondent police as and when required.

7. With the above modification, this petition is disposed of. -sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar ub

To 1 The principal District sessions Judge, coimbatore 2 The Inspector of Police Mettupalayam police station, 3 The Inspector of police Dharmapuri police station 4 The public Prosector High court,Madras +1 cc to MR.P.KALIMUTHU Advocate SR.NO. 63677 Crl.R.C.No.1311 of 2016 tm[co] RD 30/12/2016