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Madras High CourtCRL OP/28142/2015disposed of

Praveen v. The Inspector Of Police

2015-11-25Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.28142 of 2015 Mr.Praveen ... Petitioner Vs.

The State reb by the Inspector of Police, Central Crime Branch, Vepery, Chennai.

... Respondent Prayer: Petition filed under Section 439(1)(b) of the Criminal Procedure Code praying to appear before the respondent-Police in Crime No.504 of 2014 as and when required by setting aside the order dated 17.06.2015 in M.P.No.2365/2015 passed by the learned XI Metropolitan Magistrate, Saidapet. For Petitioner : Mr.D.Ravichandran For Respondent : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This petition has been filed seeking to relax the condition imposed on the petitioner by the learned XI Metropolitan Magistrate, Saidapet, by order dated 17.06.2015 in M.P.No.2365 of 2015, and to direct the petitioner to appear before the respondent-Police as and when required. 2.The petitioner herein is the accused in Crime No.504 of 2014 pending on the file of the respondent-Police, for the alleged offences punishable under Sections 354-A, 406, 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998. The petitioner was arrested on 26.12.2014 and released on bail on 13.01.2015, by an order of the learned XI Metropolitan Magistrate, Saidapet, in Crl.M.P.No.9 of 2015. While granting bail to the petitioner, the learned Magistrate imposed a condition that the petitioner https://hcservices.ecourts.gov.in/hcservices/

shall report before the respondent-Police daily at 10.00 am until further order. Subsequently, the said condition was relaxed by the learned Magistrate by order dated 17.06.2015 in Crl.M.P.No.2365 of 2015 to the effect that the petitioner shall appear before the respondent-Police twice in a year ie., 1st day of January and July of every year, until further order. Now, the petitioner has come forward with the present petition before this Court seeking to modify the said condition, by directing the petitioner to appear before the respondent-Police as and when required.

3.Heard both side. The learned Additional Public Prosecutor submitted that the investigate has not been completed so far and once the investigation is completed, the petitioner can approach this Court to relax the condition. 4.However, considering the facts and circumstances of the case, this Court passes the following order:- The condition imposed on the petitioner is modified to the effect that the petitioner is directed to appearing before the respondent-Police once in a year ie., 1st day of every July month, until further orders.

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

Sd/- Assistant Registrar(CS VI) //True Copy// ssv Sub Assistant Registrar To

1. The XI Metropolitan Magistrate, Saidapet.

2. The Inspector of Police, Central Crime Branch, Vepery, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Ravichandran, Advocate, S.R.No.64078 Crl.O.P.No.28142 of 2015 KK(CO) CA(22/12/2015) https://hcservices.ecourts.gov.in/hcservices/