Mahesh, M/Age-42 Years v. The State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.22268 of 2016 Mahesh .. Petitioner Vs.
The State by Inspector of Police, Prohibition & Excise Wing, Villupuram District.
(Crime No.75 of 2016) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to modify the condition imposed in Crl.MP.No.2531 of 2016 by order dated 29.07.2016 by the learned Judicial Magistrate 2, Villupuram District in so far as condition to appear before the Respondent policed is concerned.
For Petitioner : Mr.S.Sathishrajan For Respondent : Mr.C.Emalias Additional Public Prosecutor
O R D E R
This criminal original petition has been filed to modify the condition imposed in Crl.MP.No.2531 of 2016 by order dated 29.07.2016 by the learned Judicial Magistrate 2, Villupuram District.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The petitioner was arrested by the respondent police on 26.04.2016 in Crime No.75 of 2016 for various offences under the Tamil Nadu Prohibition Act and he has been granted bail by the Judicial Magistrate No.2, Villupuram on 29.07.2016 in Crl.M.P.No.2531 of 2016 on condition that after his release, he should report before the respondent police at 10.00a.m for a period of 30 days. Several cases were filed against the petitioner by various police stations and he was detained under the Goondas Act. Ultimately, he was released on bail only on 15.09.2016.
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4. It is seen that the petitioner has been granted bail by various Courts and he has been directed to appear before the respective police stations in those bail orders also. Obviously, the petitioner cannot comply with all the bail orders. Under such circumstances, he has approached this Court for modification.
5. Accepting the submission, the petitioner is directed to appear before the respondent police at 10.00am for a period of one week (i.e) commencing from 24.10.2016 to 31.10.2016 and thereafter as and when required. Rest of the conditions imposed by the Judicial Magistrate 2, Villupuram, are maintained.
6. If the petitioner fails to appear before the Court without sufficient cause, after having been released on bail in accordance with the terms of the bail order, a fresh prosecution can be initiated against him under Section 229-A IPC. With the above said direction, the criminal original petition is disposed of.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To
1. Inspector of Police, Prohibition & Excise Wing, Villupuram District.
2. The District Munsif cum Judicial Magistrate, Villupuram.
3. -Do- Thro the Chief Judicial Magistrate, Villupuram.
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.S.SathishRajan, Advocate sr.56239 Crl.O.P.No.22268 of 2016 ctr[co] srg 03/10/2016 https://hcservices.ecourts.gov.in/hcservices/