Madras High CourtCRL OP/27447/2017ordered

Mithun Srinivasan, M/23 Years v. State By

2017-12-13Honourable Mr Justice N. Authinathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.12.2017

CORAM

THE HONOURABLE MR. JUSTICE N.AUTHINATHAN Crl.O.P. No.27447 of 2017 Mithun Srinivasan ..

Petitioner versus State by Inspector of Police, Kelambakkam Police Station, Kelambakkam, Kancheepuram District.

Respondent PRAYER : Criminal Original Petition filed under Section 439(1)(b) of the Code of Criminal Procedure, to modify the order dated 24.11.2017 passed in Crl.M.P.No.474 of 2017 on the file of the learned Judicial Magistrate, Additional Mahila Court, Chengalpattu to the effect that the petitioner shall report before the Inspector of Police, Thirumangalam Police Station, Chennai, instead of appearing before the learned Judicial Magistrate, Additional Mahila Court, Chengalpattu.

For Petitioner :

Mr.A.Damodaran For Respondent :

Mr.B.Ramesh Babu Government Advocate (crl.side) * * * * *

O R D E R

The petitioner was granted bail by the Trial Court for the offences punishable under Sections 341, 342 of IPC r/w Section 4 of TNPHW Act, subject to the condition that he should appear before the Judicial Magistrate, Additional Mahila Court, Chengalpattu daily at 5.00p.m., until further orders. Aggrieved by the order of the said condition, the present petition has been filed to modify the same.

2. The learned counsel appearing for the petitioner would submit that the petitioner was granted bail in another case in Crl.M.P.No.3605 of 2017 subject to the condition that he should appear before the Inspector of Police, Thirumangalam Police Station, Chennai, morning 10.00a.m. and 5.00p.m. for a period of 20 days and thereafter, he shall sign on last Sunday of every month at 5.00p.m. till filing charge sheet. He would further submit that simultaneously the petitioner could not appear before the learned Magistrate and Thirumangalam Police Station and hence, he pleaded for modification of the said condition.

3. Heard the learned Government Advocate [Criminal Side] appearing for the respondent.

4. I have perused the order of the Trial Court. Having regard to the nature of allegations and taking note of the fact that the Trial Court has imposed other conditions to ensure the petitioner's presence at the trial, I am inclined to modify the condition. Accordingly, the condition imposed by the Trial Court in Crl.M.P.No.474 of 2017 dated 24.11.2017 that "the petitioner should appear before the Judicial Magistrate, Additional Mahila Court, Chengalpattu daily at 5.00p.m., until further orders", is modified to the effect that "the petitioner should appear before the Inspector of Police, Thirumangalam Police Station, Chennai, daily at 5.00p.m. for a period of four weeks and thereafter, as and when required for interrogation". The other conditions shall remain unaltered.

5. With this direction, this Criminal Original Petition is disposed of.

13.12.2017 Index : Yes / No Internet : Yes sri

N.AUTHINATHAN , J.

sri To 1.The Judicial Magistrate, Additional Mahila Court, Chengalpattu.

2.The Inspector of Police, Thirumangalam Police Station, Chennai.

3.The Inspector of Police, State of Tamilnadu, Kelambakkam Police Station, Kelambakkam, Kancheepuram District.

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

Crl.O.P. No.27447 of 2017 13.12.2017