C.Vimalesh @ Vimaleshwaran, v. The State Rep By Its,
THE HIGH COURT OF JUDICATURE AT MADRAS DATED 30.07.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.18483 of 2018 C.Vimalesh @ Vimaleshwaran .. Petitioner/Accused Vs State by The Inspector of Police, J4-Kotturpuram Police Station, Chennai - 600 085.
[Crime No.552/2018] .. Respondent/Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to modify the conditions imposed by the learned Principal Sessions Judge, Chennai, by its order in Crl.M.P.No.11325 of 2018 in Crl.M.P.No.10928 of 2018, dated 17.07.2018 as "The petitioner is directed to appear before the concern Magistrate daily at 03.30 p.m., for a period of one month" instead of "The petitioner is directed to appear before the respondent police daily at 05.30 p.m., for a period of one month.
For Petitioner : Mr.S.Kumara Devan For Respondent : Mr.C.Raghavan, Government Advocate (Crl.side)
O R D E R
The petitioner was arrested by the respondent Police in Cr.No.552/2018, for the offence Under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.
2. The petitioner was enlarged on bail in Crl.M.P.No.10928/2018 on 11.07.2018 by the learned Principal Sessions Judge, Chennai, on various conditions one of which is that he should appear before the respondent Police daily at 10.30 a.m. for a period of one month. The petitioner filed Crl.M.P.No.11325/2018 in Crl.M.P.No.10928 of 2018 before the Sessions Court, Chennai, for modification of the said condition on the ground that he was required to appear before the XIV Metropolitan Magistrate, Egmore, everyday at 10.30 am, in connection with another case.
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3. Accepting the submission, the learned Sessions Judge, Chennai by order dated 17.07.2018 in Crl.M.P.11325 of 2018, has modified the said condition and has directed the petitioner to appear before the respondent police everyday at 5.30 p.m., for a period of one month. Challenging the said condition, the petitioner is before this Court.
4. Mr.Kumara Devan, the learned counsel for the petitioner submitted that the very allegation against the petitioner is that he had abused the women Police Official in the police station, and therefore, if he appears before the same Police Officer, there are chances of further cases being filed against him.
5. In view of the above, the condition is further modified to the effect that the petitioner shall be reported before the *IX Metropolitan Magistrate, Saidapet, everyday at 02.30 p.m. for a period of one month and as and when required by the respondent Police.
6. With the above modification, this petition is ordered accordingly.
Sd/- Assistant Registrar(Co) *Corrected as per order of this Court dated 28.09.2018 and made in Crl.O.P.No.18483 of 2018 -s/dAssistant Registrar(Co) dated 01/10/2018 //True Copy// Sub Assistant Registrar ub To 1.The XIV Metropolitan Magistrate,Egmore.
2.The *IX Metropolitan Magistrate,Saidapet.
To be Substituted 3.The Chief Metropolitan Magistrate,chennai.
Order already 4.The Principal Sessions Judge,Chennai.
Deposited on 5.The Inspector of Police, 07.09.2018 J4-Kotturpuram Police Station, Chennai - 600 085.
6.The Public Prosecutor, High Court, Madras.
+1cc to M/S.KUMARA DEVAN, Advocate SR.NO.67337 CRL.OP.No.18483 of 2018 PP(CO) ASK(28/08/2018) CS/01/10/18 https://hcservices.ecourts.gov.in/hcservices/