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Madras High CourtCRL OP/18853/2020modified

Muthukrishnan @ Manikandan v. State Rep By

2020-12-15Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.12.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18853 of 2020 Muthukrishnan @ Manikandan S/o.Seetharaman ... Petitioner Vs.

State Rep. by TheInspector of Police, Mahalingapuram Police Station, Pollachi, Coimbatore District.

Cr. No.167 of 2019 ... Respondent Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order made in C.M.P.No.1404 of 2020 dated 09.09.2020 on the file of the Judicial Magistrate-II, Pollachi. 1/4

For Petitioner : Mr.N.Balakrishnan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) This petition has been filed to set aside the order made in C.M.P.No.1404 of 2020 dated 09.09.2020 on the file of the Judicial Magistrate-II, Pollachi.

2.The learned counsel for the petitioner submitted that the petitioner has granted statutory bail under Section 167(2) of Cr.P.C in C.M.P.No.79 of 2020 dated 21.01.2020 on the file of the learned Judicial Magistrate-II, Pollachi and the petitioner was directed to appear before the respondent police daily at 10.30 a.m., until further order. Meanwhile, the petitioner was detained under Act 14 and later the detention order was revoked and thereafter the petitioner has been regularly complying with the condition. Thereafter, the petitioner had filed a petition in C.M.P.No.1404 of 2020 seeking for relaxation of condition whereas the learned Judge had stated that the offence alleged against the petitioner 2/4

are triable by the Court of Sessions and the learned judicial Magistrate dismissed the petition. Hence, the present petition has been filed seeking to set aside the order made in C.M.P.No.1404 of 2020 dated 09.09.2020 and modify the condition imposed in C.M.P.No.79 of 2020 dated 21.01.2020.

3.Heard both sides and persued the materials available on record.

4. In view of the above submission, the condition imposed on the petitioner in C.M.P.No.79 of 2020 dated 21.01.2020 is modified to that effect that the petitioner is directed to report before the respondent police, on every Monday and Saturday at 10.30 a.m., until further orders. 15.12.2020 tta 3/4

A.D.JAGADISH CHANDIRA,J., tta To 1.TheInspector of Police, Mahalingapuram Police Station, Pollachi, Coimbatore District.

2.The learned Judicial Magistrate-II, Pollachi. 3.The Public Prosecutor High Court of Madras Chennai.

Crl.O.P.No.18853 of 2020 15.12.2020 4/4