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Madras High CourtCRL OP/24658/2016modified

Jakeer, Aged 30 Years v. State Rep. By

2016-11-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.24658 of 2016 Jakeer

...Petitioner/Petitioner

Vs.

State represented by The Inspector of Police Kuniamuthur Police Station Coimbatore District.

(Crime No.588/2016) ... Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to modify the condition of the Principal District and Sessions Judge of Coimbatore, order made in Crl.M.P.No.2699 of 2016, dated 03.11.2016 "The petitioner is directed to appear before the respondent / police daily at 10.00 a.m. for a period of 30 days".

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.C. Emalias Addl. Public Prosecutor

O R D E R

This criminal original petition has been filed to modify the condition imposed by the Principal District and Sessions Judge of Coimbatore in the order dated 03.11.2016 passed in Crl.M.P.No.2699 of 2016.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that this petitioner is the 1st accused in Crime No.588 of 2016 for offences under Section 341, 294(b), 323 & 506(ii) IPC. The petitioner got anticipatory bail by the Principal District and Sessions Judge, Coimbatore on 03.11.2016 in Crl.MP.No.2699 of 2016 on certain conditions, one of which, https://hcservices.ecourts.gov.in/hcservices/

is that he should appear before the respondent police for a period of 30 days at 10.00 a.m.

4. Learned counsel appearing for the petitioner submitted that the petitioner had given a representation against the Inspector of Police, Kuniamuthur Police Station and therefore he filed the present petition for modification of the aforesaid condition.

5. In the considered opinion of this Court, just because some reckless allegations are made by the petitioner against the police, the condition cannot be modified on that ground alone. Taking into consideration, the nature of the allegations in the FIR, this Court directs the petitioner to appear before the Judicial Magistrate, Coimbatore on all the working days at 10.30 a.m. for one month. In the meantime, if the respondent police require the petitioner for any enquiry, they may summon the petitioner and on such summons, the petitioner shall appear for enquiry. If the petitioner fails to appear, the anticipatory bail can be cancelled. Rest of the conditions imposed by the Principal District and Sessions Judge remain the same. With the above modification, this petition is ordered. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar mk To

1. The Principal District and Sessions Judge, Coimbatore 2.The Judicial Magistrate Coimbatore

3. The Inspector of Police Kuniamuthur Police Station Coimbatore District.

4. The Public Prosecutor, High Court, Madras. +1 cc to Mr.W.Camyles Gandhi Advocte sr 64697 Crl.O.P.No.24658 of 2016 gr(co) aa11/11/2016 https://hcservices.ecourts.gov.in/hcservices/