C.K.Raju v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN CRL.O.P.No.21782 of 2023 C.K.Raju ... Petitioner Vs.

The Sub Inspector of Police, J-3 Guindy Police Station, Guindy, Chennai 600 032.

... Respondent Prayer :- Criminal Original Petition filed under Section 482 of Cr.P.C. praying to modify the condition to appear before the learned IX Metropolitan Magistrate Court, Saidapet, daily instead of appear before the Inspector of Police, Guindy at 10.00.a.m., which is in the condition 4(ii) imposed on the petitioner in Crl.M.P.No.10615 of 2023 dated 04.07.2023. For Petitioner :

Mr.M.R.Radhakrishnan For Respondent :

Mr.S.Rajakumar Additional Public Prosecutor *****

O R D E R

This petition has been filed to modify the condition imposed on the petitioner in Crl.M.P.No.10615 of 2023 dated 04.07.2023 on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai.

2. The learned counsel for the petitioner submitted that, while granting bail to the petitioner in Crl.M.P.No.10615 of 2023, the learned IX Metropolitan Magistrate, Saidapet, Chennai directed the petitioner to appear before the respondent police daily at 10.00.a.m., until further orders. However, when the petitioner appeared before the respondent police for observing the condition, he was threatened that there is yet another complaint given by the petitioner's sister and petitioner would be arrested in that complaint. Therefore, petitioner was not able to observe the condition. Petitioner filed petition for modification of the condition and the same was dismissed in Crl.M.P.No.19601 of 2023 on the file of the learned Principal District and Sessions Judge, Chennai. In the said circumstances, this petition is filed.

3. The learned Additional Public Prosecutor submitted that, on the basis of the complaint given by the petitioner's sister, enquiry was conducted and the same was closed. On 02.06.2023, she gave another complaint on 24.08.2023 and that complaint is still pending enquiry. He further submitted that, respondent police has not restrained the petitioner to observe the condition.

4. Taking into consideration the submission of the learned counsel appearing for the parties, this Court directs the petitioner to appear before the respondent police daily at 10.00.a.m., until further orders. The respondent police is directed to facilitate the observance of the condition without giving room for any allegations that have made now.

5. Accordingly, this Criminal Original Petition is ordered. 25.09.2023 Sma Internet : Yes/No Index : Yes/No Speaking/Non speaking order

G.CHANDRASEKHARAN,J.

Sma To

1. IX Metropolitan Magistrate, Saidapet, Chennai. 2.The Sub Inspector of Police, J-3 Guindy Police Station, Guindy, Chennai 600 032.

3.The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.21782 of 2023 25.09.2023