Magesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2021

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.20745 of 2020 Magesh Son of Devadoss .. Petitioner Vs.

The State Represented by Inspector of Police, R-4, Soundarapandiyanar Angadi Police Station, Chennai (Crime No.648 of 2020) .. Respondent PRAYER: Criminal Original Petition has been filed under Sections 439 (1) (b) of the Code of Criminal Procedure, to set aside the order passed by the learned Principal Sessions and District Judge at Chennai in Crl.M.P No.11861 of 2020 dated 24.11.2020 in Crl.M.P No.9215 of 2020. For Petitioner : M/s.E.Pandian For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for modification of the condition imposed by the Court below.

2. The petitioner has been implicated in this case for the offence under Sections 341, 294(b), 392, 397, 427, 336 and 506(ii) IPC in Crime No.648 of 2020 and he was arrested and remanded to judicial custody 26.08.2020 and therefore, he filed a petition for bail before the Court below. The Court below granted bail to the petitioner by an order dated 24.11.2020 with condition that the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders. To modify the aforesaid condition, the present petition has been filed.

3. The learned counsel for the petitioner submitted that after coming out on bail, due to bone fracture, the petitioner was admitted in the hospital and he did not appear before the respondent police and now, he is ready and willing to appear before the Magistrate concerned.

4. The learned Additional Public Prosecutor submitted that after coming out on bail, the petitioner did not appear before the respondent police and hence, stringent condition may be imposed on him.

5. Considering the facts and circumstances of the case, the condition imposed by the Court below is modified to the effect that the petitioner is directed to appear before the XVII Metropolitan Magistrate, Saidapet, on all working days, until further orders. The other condition imposed by the Court below shall stand as it is.

7. This Criminal Original Petition is disposed of, with the above modification.

19.01.2021 uma

V.BHARATHIDASAN,J uma To 1.The XVII Metropolitan Magistrate, Saidapet, Chennai 2.Inspector of Police, R-4, Soundarapandiyanar Angadi Police Station, Chennai 3.The Public Prosecutor, Madras High Court.

Crl.O.P.No.20745 of 2020 19.01.2020