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Madras High CourtCRL OP/29609/2017dismissed

C.Muthukumar, 58 Yrs, v. The State Rep By,

2017-12-28Honourable Mr Justice R. Pongiappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.No. 29609 of 2017 C.Muthukumar ... Petitioner Vs.

The State Represented by The Inspector of Police, Rathinapuri Police Station, Coimbatore District.

(Cr.No.1053/2017) ... Respondent Prayer :- Criminal Original Petition filed under Section 482 of Cr.P.C to modify the condition of petitioner reporting before the Judicial Magistrate No.1, Thirunelveli daily at 10.30 a.m. until further order imposed in the order dated 15.12.2017 in Crl.M.P.No.3048 of 2017 by the learned Principal District & Sessions Judge, Coimbatore (FAC).

For Petitioner : Mr.K.Rajan For Respondent : Mr.R.Sekar Government Advocate.

O R D E R

This petition has been filed to modify the condition imposed against the petitioner by the learned Principal District & Session Judge, Coimbatore (FAC) in Crl.M.P.No.3048 of 2017, to appear before the learned Judicial Magistrate No.1, Thirunelveli daily at 10.30 a.m. until further orders

2. It appears that the learned Principal District & Session Judge, Coimbatore, at the time of granting bail to the petitioner, directed to appear before the learned Judicial Magistrate No.1, Thirunelveli, daily at 10.30 am until further orders. Now this application has been filed for modification of the said condition.

3. On considering the facts of the case, the petitioner herein being the relative of the victim has committed the offence by using deadly weapon with prior enmity and also considering the background of the petitioner, the learned District Sessions Judge imposed the condition as above. As of now, charge sheet is not filed. If the condition is modified, the petitioner may try to tamper the witnesses and hamper the investigation. Hence at this stage, modifying the condition is not required.

4. Accordingly, this criminal original petition is dismissed. 28.12.2017 Index:Yes/No Speaking/Non speaking order rts

To

1. The Presiding Officer, Principal District & Sessions Judge, Coimbatore (FAC)

2. The Presiding Officer, Judicial Magistrate No.1, Thirunelveli

3. The Inspector of Police, Rathinapuri Police Station, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

R.PONGIAPPAN, J.

rts Crl.O.P.No.29609 of 2017 28.12.2017