Sowkath Ali, M/A.21 Years v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.15744 of 2018 Sowkath Ali

...Petitioner

vs.

State by The Inspector of Police Krishnagiri Taluk Police Station, Krishnagiri District.

...Respondent

Criminal Original Petition filed under Section 482, Cr.P.C. to modify the condition imposed on the petitioner by the learned Principal Sessions Judge, Krishnagiri, Krishnagiri District in Crl.MP.No.193 of 2018 by an order dated 09.02.2018 that the petitioner shall appear and sign before the respondent police concerned daily twice at 10.00 a.m. and 5.00 p.m. until further orders.

For petitioner :Mr.M.R.Jothimanian For Respondent :Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to modify the condition dated 09.02.2018 imposed by the Principal Sessions Judge, Krishnagiri, in Crl.MP.No.193 of 2018.

2. Today, Mr.G.Srinivasan, Inspector of Police, Krishnagiri Taluk, is present before this Court.

3. The petitioner was arrested in Crime No.765 of 2017 for the offence under Section 302 IPC and was released on bail on 09.02.2018 by the Principal Sessions Judge, Krishnagiri, in Crl.MP.No.193 of 2018, on certain conditions, one of which, is that the petitioner shall appear and sign before the respondent/police daily twice at 10.00 a.m. and 5.00 p.m.

4. It is the case of the petitioner that after his release on bail, when he went to sign before the respondent/police, he was informed that there is a threat to his life, since the allegations against the petitioner is that he had murdered a local person and therefore, the police had advised him to have the condition modified. Therefore, the petitioner filed Crl.MP.No.139 of 2018 for modification of the said condition, which was dismissed on 30.05.2018, by the https://hcservices.ecourts.gov.in/hcservices/

Vacation Sessions Judge, Krishnagiri District, on the ground that the petitioner should move the regular Court. Hence, the petitioner is before this Court.

5. On instructions, the learned Government Advocate (Crl. Side) submitted that the petitioner hails from the Palacode, Dharmapuri District and the deceased was from Krishnagiri District and therefore, the relatives of the deceased are little incensed over the murder and hence, there appears to be tension in that area.

6. In view of the above, the condition imposed on 09.02.2018 by the Principal Sessions Judge, Krishnagiri in Crl.M.P.No.193 of 2018, directing the petitioner to appear before the respondent/police daily twice at 10.00 a.m. and 5.00 p.m. is modified to that effect that the petitioner shall report before the Judicial Magistrate, Palacode, Dharmapuri District daily at 10.30 a.m. for a period of one month. As and when the respondent police requires the petitioner for interrogation, the petitioner shall appear before the respondent police and cooperate with the investigation. With the above modification, this petition is ordered. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mk To

1. The Principal Sessions Judge, Krishnagiri.

2. The Judicial Magistrate, Palacode, Dharmapuri District.

3. The Inspector of Police Krishnagiri Taluk Police Station, Krishnagiri District.

4.The Public Prosecutor High Court, Madras.

+ 1 cc to Mr. M.R. Jothiraman, Advocate Sr.39517 Crl.O.P. No.15744 of 2018 (CS-V) EU(03/07/2018) https://hcservices.ecourts.gov.in/hcservices/