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Madras High CourtCRL OP/13898/2021dismissed

Dhanalakshmi v. State Rep.By

2021-08-11Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.13898 and 13901 of 2021 Dhanalakshmi

...Petitioner in Crl.O.P.13898/2021

Loganathan

...Petitioner in Crl.O.P.13901/2021

Vs.

State represented by The Inspector of Police, T2 - Ambattur Estate Police Station, Chennai.

(Crime No.125 of 2021)

...Respondent in both Crl.O.Ps.

Common Prayer:

Petitions filed under Section 439(1)(b) of Cr.P.C., seeking to modify the condition imposing that after the execution of the Bond before the Judicial Magistrate, Ambattur, the petitioner shall report and sign before the Vellore North Police Station daily at 10.30 AM for a period of 30 days made in Crl.M.P.Nos.2227 and 2286 of 2021 respectively, dated 26.05.2021 by the Learned Principal District and Sessions Judge (Vacation Court) at Tiruvallur.

For Petitioners : Mr.M.Ramesh Babu For Respondent : Mr.C.E.Pratap Government Advocate(Crl. Side) C O M M O N O R D E R The petitioners have filed these petitions seeking to modify the conditions imposed in Crl.M.P.Nos.2227 and 2286 of 2021 respectively, dated 26.05.2021 by the Learned Principal District and Sessions Judge (Vacation Court) at Tiruvallur. 2.The case of the petitioners is that they were arrested on the allegation that they trespassed into the land of the defacto complainant and damaged the construction using JCB and were also installing borewell in the property and when the same questioned by the defacto complainant, the petitioners threatened to

eliminate him. Hence, the petitioners filed Crl.M.P.Nos.2227 and 2286 of 2021 respectively, before the Learned Principal District and Sessions Judge (Vacation Court) at Tiruvallur, seeking bail and aggrieved by the condition imposed on them in the order dated 26.05.2021 made in the said petition, the petitioners have filed these petitions.

3.The learned counsel appearing for the petitioners would submit that the petitioners are residents of Chennai and they find it difficult to report and sign before the Vellore North Police Station and prayed this Court to modify the condition. 4.The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there are two previous cases as against each of the petitioners.

5.The petitioners have trespassed into the land of the defacto complainant and caused damage to the tune of Rs.5,63,500/- and there are two previous cases as against each of the petitioners. Hence, the condition imposed on the petitioners by the learned Principal District and Sessions Judge (Vacation Court) at Tiruvallur, in the order dated 26.05.2021 passed in Crl.M.P.Nos.2227 and 2286 of 2021 respectively, does not warrant any interference. However, instead of Vellore North Police Station, the petitioners shall report before the Vellore All Women Police Station.

6.Hence, the condition imposed on the petitioners by the learned Principal District and Sessions Judge (Vacation Court) at Tiruvallur in the order dated 26.05.2021 passed in Crl.M.P.Nos.2227 and 2286 of 2021 respectively, that 'After the execution of the Bond before the Judicial Magistrate, Ambattur, the petitioner shall report and sign before the Vellore North Police station daily at 10.30 AM for a period of 30 days.'

is hereby modified as, 'After the execution of the Bond before the Judicial Magistrate, Ambattur, the petitioner shall report and sign before the Vellore All Women Police Station daily at 10.30 AM for a period of 30 days.'

The other conditions remain un-altered.

7.With the above modification, these criminal original petitions are dismissed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pri To

1. The Principal District and Sessions Judge (Vacation Court) at Tiruvallur.

2. The Judicial Magistrate, Ambattur.

3. -do- The Chief Judicial Magistrate, Chennai.

4. The Inspector of Police, T2 - Ambattur Estate Police Station, Chennai.

(Crime No.125 of 2021)

5. The Inspector of Police, Vellore North Police Station, Vellore.

6. The Inspector of Police, Vellore All Women Police Station, Vellore.

7. The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P.Nos.13898 and 13901 of 2021 BR[co] NSK 09/09/2021