A.Jaganathan v. The State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12377 of 2021 A.Jaganathan

...Petitioner

Vs.

The State rep. by its The Inspector of Police, M6 Manali Police Station, Chennai District.

(Crime No.126 of 2021)

...Respondent

Prayer:

Petition filed under Section 439(1)(b) of Cr.P.C., seeking to modify the imposed conditions in C.M.P.No.1831 of 2021 on the file of Judicial Magistrate, Thiruvottiyur vide order dated 05.05.2021 in so far as reporting before respondent police daily at 10.00 a.m.

For Petitioner : Mr.K.Myilsamy For Respondent : Mr.C.E.Pratap for P.P.

O R D E R

The petitioner has filed this petition seeking to modify the modify the condition imposed in C.M.P.No.1831 of 2021 on the file of the learned Judicial Magistrate, Thiruvottiyur on 05.05.2021.

2.The case of the petitioner is that he was remanded to judicial custody on the allegation that he along with the other accused had committed theft of electric motor and electric wire from the defacto complainant's house and also damaged the property of cement sheet worth Rs.1 Lakh. Hence, the petitioner filed C.M.P.No.1831 of 2021 before the learned Judicial Magistrate, Thiruvottiyur, seeking bail and aggrieved by the condition imposed on him in the order dated 05.05.2021 made in the said petition, the petitioner has filed this petition. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner would submit that the petitioner has been directed to appear before the respondent police daily and prayed this Court to modify the condition.

4.Heard the submissions made by the learned Government Advocate appearing for the respondent.

5.This Court perused the impugned order. The lower Court has directed the petitioner to appear before respondent police only for a period of 30 days which is just and reasonable. Unless the petitioner co-operate with the respondent police for investigation, investigation may not be completed. Hence, I am not inclined to interfere with the order dated 05.05.2021 made in C.M.P.No.1831 of 2021 by the learned Judicial Magistrate, Thiruvottiyur.

6.This criminal original petition is accordingly dismissed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar pri To

1. The Judicial Magistrate, Thiruvottiyur.

2. The Inspector of Police, M6 Manali Police Station, Chennai District.

(Crime No.126 of 2021)

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

Crl.O.P.No.12377 of 2021 PCH(CO) RGA(11/08/2021) https://hcservices.ecourts.gov.in/hcservices/