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Madras High CourtCRL OP/28941/2017ordered

Anbu Selvan v. State Rep. By

2017-12-22Honourable Mr Justice N. Authinathan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.12.2017

CORAM

THE HONOURABLE MR. JUSTICE N.AUTHINATHAN Crl.O.P. Nos.28941 to 28943 of 2017 Anbu Selvan ..

Petitioner [in all Crl.O.Ps] versus State, represented by The Inspector of Police, R6-Kumaran Nagar Police Station.

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Respondent [Crime No.761 of 2017] [Crl.O.P.No.28941 of 2017] State, represented by The Inspector of Police, J4-Kotturpuram Police Station.

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Respondent [Crime No.426 of 2017] [Crl.O.P.No.28942 of 2017] State, represented by The Inspector of Police, R7-K.K.Nagar Police Station.

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Respondent [Crime No.968 of 2017] [Crl.O.P.No.28943 of 2017] PRAYER in Crl.O.P.No.28941 of 2017 : Criminal Original Petition filed under Section 439(1)(b) of the Code of Criminal Procedure, to modify the condition imposed on the petitioner by the order dated 20.11.2017, passed by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.2430 of 2017.

PRAYER in Crl.O.P.No.28942 of 2017 : Criminal Original Petition filed under Section 439(1)(b) of the Code of Criminal Procedure, to modify the condition imposed on the petitioner by the order dated 22.11.2017, passed by the learned IX Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.2375 of 2017.

PRAYER in Crl.O.P.No.28943 of 2017 : Criminal Original Petition filed under Section 439(1)(b) of the Code of Criminal Procedure, to modify the condition imposed on the petitioner by the order dated 20.11.2017, passed by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.2429 of 2017.

For Petitioner :

Mr.P.Rajkumar Pandian [in Crl.O.Ps.] For Respondent :

Mr.B.Ramesh Babu [in Crl.O.Ps.] Government Advocate (crl.side) * * * * * C O M M O N O R D E R The petitioner [in Crl.O.P.No.28941 of 2017] was granted bail by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai in Crime No.761 of 2017 pending on the file of R6-Kumaran Nagar Police Station, subject to the condition that he should appear before the respondent police daily at 10.00a.m. until further orders.

2. The petitioner [in Crl.O.P.No.28942 of 2017] was granted bail by the learned IX Metropolitan Magistrate, Saidapet, Chennai in Crime No.426 of 2017 pending on the file of J4-Kotturpuram Police Station, subject to the condition that he should appear before the respondent police daily at 10.30a.m. until further orders.

3. The petitioner [in Crl.O.P.No.28943 of 2017] was granted bail by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai in Crime No.968 of 2017 pending on the file of R7-K.K. Nagar Police Station, subject to the condition that he should appear before the respondent police daily at 10.00a.m. until further orders. Aggrieved by the orders of the said conditions, the present petitions had been filed to modify the same.

4. The learned counsel appearing for the petitioner would submit that in view of the conditions directing the petitioner to appear before several Police Stations, he is unable to comply with the conditions simultaneously and hence, he pleaded for modification of the said conditions, so as to enable the petitioner to comply with any one of the above mentioned conditions.

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

6. I have perused the orders of the Trial Court. Having regard to the difficulties expressed by the petitioner 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 conditions. Accordingly, the conditions imposed by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai and the learned IX Metropolitan Magistrate, Saidapet, Chennai are modified to the effect that "the petitioner shall report before J4-Kotturpuram Police Station, daily at 10.30a.m. for a period of three months and thereafter, as and when required before the Investigating Officer concerned, from the date of his release in all cases. The other conditions shall remain unaltered.

7. With the above modification, these Criminal Original Petitions are disposed of.

22.12.2017 Index : Yes / No Internet : Yes sri

To 1.The XXIII Metropolitan Magistrate, Saidapet, Chennai.

2.The IX Metropolitan Magistrate, Saidapet, Chennai.

3.The Inspector of Police, Government of Tamil Nadu, R6-Kumaran Nagar Police Station.

4.The Inspector of Police, Government of Tamil Nadu, J4-Kotturpuram Police Station.

5.The Inspector of Police, Government of Tamil Nadu, R7-K.K.Nagar Police Station.

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

N.AUTHINATHAN , J.

sri Crl.O.P. Nos.28941 to 28943 of 2017 22.12.2017