Madras High CourtCRL MP/11382/2021dismissed

Durg Singh v. The State Rep By

2021-11-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.11382 of 2021 IN CRL.O.P.No.18726 of 2021 DURG SINGH [ PETITIONER ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SHEVAPET POLICE STATION, SALEM DISTRICT.

CR NO.470/2021.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed on the petitioner in Crl.O.P.No.18726 of 2021 dated 06.10.2021 as the petitioner shall appear before the Judicial Magistrate No.III, Salem daily at 10.30 a.m. instead of the petitioner shall report before the respondent police daily at 10.30 am until further order.

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. T.GANESAN, Advocate for the petitioner, and of PUBLIC PROSECUTOR, on behalf of the Respondents the court made the following order:- This petition has been filed by the petitioner seeking to modify the conditions in Crl.O.P.No.18726 of 2021 dated 06.10.2021. 2.Earlier Occasion this Court granted bail to petitioner in Crl.O.P.No.18726 of 2021 dated 06.10.2021 and this Court directed the petitioner to appear before the respondent police daily at 10.30.p.m., as against the condition, the present modification petition is filed.

3.The learned Counsel appearing for the petitioner submits that the petitioner is ready to appear before the Judicial Magistrate NoIII, Salem, since the respondent police is harassing the petitioner. Accordingly, he pray for present modification petition. 4.The learned Government Advocate (Crl.Side) submits that the investigation is not yet completed. Unless the petitioner appear https://hcservices.ecourts.gov.in/hcservices/

before the respondent police, investigation cannot be completed. Hence, he vehemently opposed for the grant of modification of petition.

5. This Court earlier directed the petitioner to appear before the respondent police daily, however contrary to this the present modification petition is filed. Hence, the prayer sought for cannot be granted.

6. Accordingly, this modification petition is dismissed. -sd/- 09/11/2021 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, NO.III, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SHEVAPET POLICE STATION, SALEM DISTRICT.

5 THE CHIEF EDUCATIONAL OFFICER, SALEM DISTRICT.

C.C. to M/S. T.GANESAN Advocate on payment of necessary charges Order in CRL MP.11382/2021 in CRL OP.18726/2021 Date :09/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-22/11/2021 https://hcservices.ecourts.gov.in/hcservices/