Aravindh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA Aravindh ... Petitioner Vs.

State represented by:

The Inspector of Police, M5, Ennore Police Station, Chennai.

(Cr. No.487/2022) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to modify the condition No.2 "to report before the respondent police" instead of that, the petitioner "to report before the M-1 Police Station at Virudhachalam" in the order dated 19.10.2022 in Crl.M.P. No.3694/2022.

For Petitioner : Mr.M.Ponmudi For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side) 1/5

O R D E R

This petition is filed to modify the bail condition wherein the petitioner was directed to appear and sign before the respondent police station daily at 10.00 a.m.

2. On perusal of the records it is seen that the petitioner has filed a modification petition before the learned Judicial Magistrate, Tiruvottiyur to modify the bail condition ordered in Crl.M.P.No.3694/2022 dated 19.10.2022 that the petitioner should appear and sign before the M-1 Police station at Virudhachalam instead of the respondent police. The said petition was returned by the learned Judicial Magistrate, Tiruvottiyur by stating that 'how the relief prayed is maintainable before this Court'.

3. The learned counsel for the petitioner submitted that the learned Judicial Magistrate, Tiruvottiyur might have returned the petition for the reason that Virudhachalam Police Station does not fall within his jurisdiction.

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4. Since the learned Judicial Magistrate, Tiruvottiyur has returned the petition for seeking certain clarification, the petitioner is at liberty to represent the petition by stating how the petition is maintainable, despite Virudhachalam Police Station does not fall within the jurisdiction of the Judicial Magistrate, Tiruvottiyur. On receipt of the same, the learned Judicial Magistrate, Tiruvottiyur shall pass an order either by allowing or dismissing the same. In case the petitioner wishes to file a petition to modify the condition in any other manner, he is at liberty to file a fresh application.

5. With the above observations, this Criminal Original Petition is closed.

21.11.2022 Index : Yes/No Speaking Order : Yes / No bkn To:

1.The Judicial Magistrate, Thiruvottiyur.

2. The Inspector of Police, M5, Ennore Police Station, Chennai.

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3.The Public Prosecutor, High Court, Madras.

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R.N.MANJULA, J., bkn 21.11.2022 5/5