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Madras High CourtCRL OP/12436/2021modified

R.Kalyanaraman v. State Rep.By

2021-07-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12436 of 2021 R.Kalyanaraman

...Petitioner/Petitioner/Accused

Vs.

State rep. by Inspector of Police, C-4 Rathinapuri Police Station, Coimbatore District.

(Crime No.283 of 2020)

...Respondent/Respondent/Complainant

Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to modify the conditions in Clause 1 and 2 imposed in Crl.M.P.No.11152 of 2021 dated 08.04.2021 on the file of the learned Judicial Magistrate No.II, Coimbatore. For Petitioner : Mr.R.Vinoth Kumar For Respondent : Mr.C.E.Pratap for P.P.

O R D E R

The petitioner has filed this petition seeking to modify the conditions in Clause 1 and 2 imposed in Crl.M.P.No.11152 of 2021 dated 08.04.2021 on the file of the learned Judicial Magistrate No.II, Coimbatore.

2.The case of the petitioner is that he was remanded to judicial custody on the allegation that a facebook post written by him had the possibility of inciting violence between two religious communities.

Hence, the petitioner filed Crl.M.P.No.11152 of 2021 before the learned Judicial Magistrate No.II, Coimbatore, seeking bail and since he could not comply with the condition imposed on him in the order dated 08.04.2021 made in the said petition, the petitioner has filed this petition.

3.The learned counsel appearing for the petitioner would submit that the petitioner is a political functionary and a false case has been registered against him. He further submitted that the petitioner has been directed to appear before

different Police Stations in different cases and hence, he could not comply with the conditions imposed on him. He further submitted that the petitioner may be directed to appear before the Thiruvannamalai Town Police Station and prayed this Court to modify the condition.

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

5.Considering the submissions made by the learned counsel appearing for the petitioner, the condition imposed on the petitioner by the learned Judicial Magistrate No.II, Coimbatore, in the order dated 08.04.2021 passed in Crl.M.P.No.11152 of 2021 that 'The petitioner shall appear before Mettupalayam P.S. daily at 10.00 A.M. until further orders'

is hereby modified as, 'The petitioner shall appear before the Thiruvannamalai Town Police Station, Thiruvannamalai, daily at 7.30 p.m. for a period of 30 days and thereafter shall appear before the respondent police as and when required for interrogation.'

The other conditions remain un-altered.

6.With the above modification, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pri To 1.The Judicial Magistrate No.II, Coimbatore.

2.The Inspector of Police, C-4 Rathinapuri Police Station, Coimbatore District.

(Crime No.283 of 2020) 3.The Inspector of police, Tiruvannamalai Town Police Station, Tiruvannamalai.

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

Crl.O.P.No.12436 of 2021 SSD(CO) KKV/23/07/2021