Madras High CourtCRL OP/2598/2016ordered

N.Panneerselvam v. State By

2016-02-15Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.2598 of 2016 N.Panneerselvam ... Petitioner Vs.

State by: The Inspector of Police, R-7 K.K.Nagar Police Station, Chennai.

Crime No.2691 of 2015 ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to modify the condition that "the petitioner shall appear before the XXIII Metropolitan Magistrate at Chennai daily at 10.30 a.m. for one week" imposed in Crl.M.P.No.17491 of 2015 by the Principal Sessions Judge at Chennai.

For Petitioner : Mr.R.Marudhachalamurthy For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to modify the condition that "the petitioner shall appear before the XXIII Metropolitan Magistrate at Chennai daily at 10.30 a.m. for one week" imposed in Crl.M.P.No.17491 of 2015 by the Principal Sessions Judge at Chennai.

2.The learned counsel appearing for the petitioner would state that the petitioner is alleged to have been involved in another case in Royal Nagar Police Station, Chennai in Crime No.2101 of 2015, wherein he was enlarged on bail and at that time condition has been imposed that the petitioner shall stay at Madurai and report before the learned Judicial Magistrate No.1, daily at 10.30 a.m., for a period of four weeks. He has executed sureties on 19.01.2016 and stayed at Madurai and signed before the Court at Madurai from 20.01.2016. Hence, he prayed for modification.

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3.At this juncture, the learned Additional Public Prosecutor submitted that already investigation is completed in Crime No.2691 of 2015 and charge sheet has been levied for the offence punishable under Sections 341, 294(b), 397 and 506(ii) of I.P.C. read with 25(1)(a) of Arms Act and it was taken on file in PRC No.1 of 2016 and it is pending before the learned XXIII Metropolitan Magistrate, Saidapet, Chennai and hearing has been posted on 22.03.2016.

4.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor. 5.Considering the submissions made by the learned Additional Public Prosecutor, the condition imposed on the petitioner in Crl.M.P.No.17491 of 2015 in Crime No.2691 of 2015 by the learned Principal Sessions Judge at Chennai is hereby set aside. The petitioner is directed to appear before the XXIII Metropolitan Magistrate Court, Saidapet, Chennai on 22.03.2016. 6.With the above direction, this Criminal Original Petition is disposed of.

pri s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, R-7 K.K.Nagar Police Station, Chennai.

2. The Public Prosecutor High Court, Madras.

3. The XXIII Metropolitan Magistrate Court, Saidapet, Chennai.

+ 1 cc to Mr.R.Marudhachalamurthy, Advocate SR 9548 lrs(co) prk26/2 Crl.O.P.No.2598 of 2016 https://hcservices.ecourts.gov.in/hcservices/