Madras High CourtCRL MP/10236/2021dismissed

N.Karunanidhi v. State Rep By

2021-10-05Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.10236 of 2021 IN CRL OP.13035/2020 1 N.KARUNANIDHI [ PETITIONERS/ACCUSED ] 2 N.PANNERSELVAM 3 K.SATHISKUMAR @ SATHISH 4 K.DINESH BABU @ DINESH 5 K.MALATHI 6 P.VIGNESHWARA @ VIGNESH 7 P.KALA Vs STATE REP BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, THIRUTHURAIPOONDI POLICE STATION, THIRUVAUR DISTRICT.

(CRIME NO.2338/2020) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition para no.6(b) that the petitioners shall stay at Thanjavur report before the Thanjavur East Police Station Every day at 10.30 a.m., for a period of four weeks and thereafter every Monday at 10.30 a.m., until further orders and the petitioners shall not enter into jurisdiction limits of the respondent police for the period of four weeks made in Crl.O.P.No.13035/2020 on 10.09.2020 and thus render justice.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.S.ARIVAZHAGAN, Advocate for the Petitioner and of MR.A.GOPINATH Govt. Advocate (Crl. Side)on behalf of the Respondent the court made the following order:- This petition is filed to modify the condition imposed on the petitioners by this Court in Crl.O.P.No.13035 of 2020, dated 10.09.2020.

2.This Court vide order dated 10.09.2020, granted anticipatory bail to the petitioners on condition that the petitioners should stay at Thanjavur and report before the Thanjavur East Police station every day at 10.30 a.m., for a period of four weeks and thereafter

every Monday at 10.30 a.m., until further orders and the petitioners shall not enter into jurisdictional limit of the respondent police for a period of four weeks.

3. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioners submitted that the petitioners are unable to comply the condition in clause (b) of para 6 in order dated 10.09.2020. Hence, the present modification petition is filed by the petitioners to modify the conditions imposed on the petitioners terming the same to be onerous.

4. This Court had granted anticipatory bail to the petitioners, as the petitioners on their own volition accepted to stay at Thanjavur and report before the Thanjavur East Police Station. Therefore, the petitioners cannot now claim that the said condition is onerous and seeking modification of the above condition is impermissible. Hence, the present petition seeking modification stands dismissed.

-sd/- 05/10/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, THIRUTHURAIPOONDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUTHURAIPOONDI POLICE STATION, THIRUVAUR DISTRICT.

4 THE OFFICER INCHARGE, THANJAVUR EAST POLICE STATION, THANJAVUR.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.S.ARIVAZHAGAN Advocate on payment of necessary charges Order in CRL MP.10236/2021 in CRL OP.13035/2020 Date :05/10/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 13/10/2021