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Madras High CourtCRL OP/27622/2022modified

Somasekara v. The Inspector Of Police

2022-11-11Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2022

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Somasekara ... petitioner Vs.

The State Represented by, The Inspector of Police, All Women Police Station, Cuddalore.

Crime No.16/2022.

...Respondent

Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condtion imposed on the petitioner to appear before the respondent Police Station daily at 10.30 a.m in the order dated 30.09.2022 passed by the learned Principal District and Sessions Judge in Crl.M.P.No.5946 of 2022.

For petitioner : Mr. D.Saikumaran For Respondent : Mr.R.Vinoth Raja Government Advocate(Crl.side)

O R D E R

This petition has been filed to modify the condtion imposed on the petitioner to appear before the respondent Police Station daily at 10.30 a.m in the order passed by the learned Principal District and Sessions Judge, Cuddalore District in Crl.M.P.No.5946 of 2022 on 30.09.2022.

2.The learned counsel for the petitioner would submit that the petitioner was arrested and thereafter, granted bail by the learned Principal District and Sessions Judge, Cuddalore District in Crl.M.P.No. 5946 of 2022 on 30.09.2022 with a condition to report before the respondent Police daily at 10.30 a.m, until further orders and he shall make himself available for interrogation by a Police Officer as and when required. He would submit that the petitioner has been regularly complying the conditions from 02.10.2022 and thereafter, he has filed an application seeking for relaxation of the condition in Crl.M.P.No.6196 of

2022 before the learned Principal District and Sessions Judge, Cuddalore District, whereas, the learned trial Judge by an order dated 19.10.2022 had dismissed the same. After dismissal of the application, the petitioner has continuously appeared before the respondent Police. He would further submit that the major part of the investigation is over and hence, he seeks for modification of the conditions.

3.The learned Government Advocate (Crl.Side) would submit that the petitioner has earlier complied the conditions for 16 days and the case now transferred to All Women Police Station, Chidambaram and re-numbered as Crime No.17 of 2022.

4.In view of the above, the condition imposed by the trial Court is modified as follows:

"The petitioner shall appear before the Inspector of Police, All Women Police Station, Chidambaram, every Saturday at 10.30.a.m., for a period of four weeks and thereafter, as and when required for interrogation."

5.With the above modifications, this Criminal Original petition is allowed.

11.11.2022 Index : Yes/No Internet : Yes/No vkr To 1.The Principal District and Sessions Judge, Cuddalore District.

2.The Inspector of Police, All Women Police Station, Cuddalore.

3.The Inspector of Police, All Women Police Station, Chidambaram.

3. The Public Prosecutor, High Court, Madras.

A. D. JAGADISH CHANDIRA, J.

vkr 11.11.2022