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Madras High CourtCRL OP/28571/2022modified

Settu v. The State Rep By Its,

2022-11-23Honourable Mr Justice A.D.Jagadish Chandira8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Settu ... Petitioner in all Crl.O.P.'s Vs.

The State Rep. by The Inspector of Police, Sriperumbudur Police Station, Kancheepuram, Crime.No.22 of 2022. ... Respondent in Crl.O.P.No.28571 of 2022 The State Rep. by, The Inspector of Police, PEW Police Station, Kancheepuram, Crime.No.1138 of 2021 ... Respondent in Crl.O.P.No.28573 of 2022 The State Rep. by The Inspector of Police, Sriperumbudur Police Station, Kancheepuram, Crime.No.1390 of 2021 ... Respondent in Crl.O.P.No.28574 of 2022 1/8

Prayer in Crl.O.P.No.28571 of 2022 : Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C pleased to modify the condition imposed by learned Principal Sessions Judge of Kancheepuram district at Chengalpattu directing "the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of 30 days" as "the petitioner report before the Sunguvar chatram police station at Kancheepuram daily at 10.30 am for a period of 30 day" in Crl.M.P.No.1065 of 2022 on 28.03.2022. Prayer in Crl.O.P.No.28573 of 2022 : Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C pleased to modify the condition imposed by learned District and Sessions judge-II at Kancheepuram district directing the petitioner shall appear and sign before the respondent police on every Monday and Thursday at 10.30 AM for a period of 4 weeks to modify the petitioner report before the Sunguvar Chatram Police Station at Kancheepuram every Monday and Thursday at 10.30 AM for a period of 4 weeks in Crl.M.P.No.312 of 2022 on 11.03.2022.

Prayer in Crl.O.P.No.28574 of 2022 : Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C pleased to modify the condition imposed by learned District and Sessions judge-II at Kancheepuram district directing the petitioner stay at Uthirmerur and sign before the District munisif cum Judicial Magistrate court at Uthiramerur daily at 10.00 am and 5.00 PM until further orders to modify the petitioner report before the Sunguvar chatram police station at Kancheepuram daily at daily at 10.00 am and 5.00 PM until further orders in Crl.M.P.No.346 of 2022 on 23.03.2022. 2/8

For Petitioner in all Crl.O.P.'s : Mr.V.Premkumar For Respondent in all Crl.O.P.s'

: Mr.S.Raja Kumar Additional Public Prosecutor COMMON ORDER These petitions have been filed to modify the condition imposed on the petitioner while granting bail in Crl.M.P.Nos.1065, 312 and 346 of 2022 dated 28.03.2022, 11.03.2022 and 23.03.2022 passed by the learned Principal District Session Judge at Chengalpattu, learned District and Session Judge - II at Kancheepuram and learned District and Session Judge - II at Kancheepuram respectively.

2. The learned counsel for the petitioner would submit that the petitioner was arrested in Crime Nos.22 of 2022 and 1390 of 2021 registered by the Sriperumbudur Police Station and he was also arrested in Crime No.1138 of 2021 registered by the PEW Kancheepuram. The petitioner had moved bail applications and in respect of Crime No.22 of 2022 on the file of the 3/8

Sriperumbudur Police Station, he had filed Crl.M.P.No.1065 of 2022 on the file of the learned Principal District and Session Judge at Chengalpattu, in respect of Crime No.1138 of 2021 on the file of the PEW Kancheepuram, he had filed Crl.M.P.No.312 of 2022 on the file of the learned District and Session Judge - II at Kancheepuram and in respect of Crime No.1390 of 2021 on the file of the Sriperumbudur Police Station, he had filed Crl.M.P.No.346 of 2022 on the file of the learned District and Session Judge - II at Kancheepuram. The petitioner was granted bail in Crl.M.P.No.1065 of 2022 on 28.03.2022 by the learned Principal District and Session Judge at Chengalpattu with a condition to report before the Sriperumbudur Police Station everyday at 10.30 a.m., for a period of 30 days, in Crl.M.P.No.346 of 2022 was granted bail on 23.03.

2022 by the learned District and Session Judge - II at Kancheepuram with a condition to stay at Uthiramerur and sign before the learned Judicial Magistrate Court at Uthiramerur respondent daily at 10.00 AM and 05.00 PM until further orders and in Crl.M.P.No.312 of 2022 was granted bail on 11.03.2022 by the learned District and Session Judge - II at Kancheepuram with a condition to report before the respondent every Monday and Thursday at 10.30 AM for a period of 4 weeks.

respect of two bail granted in Crl.M.P.Nos.312 of 2022 and 346 of 2022 and the petitioner had been regularly appearing before the Sriperumbudur Police Station and he has so far signed for 15 days. He would further submit that the petitioner has also been granted bail in some other case, wherein he was directed to report before the Sunguvar Chatram Police Station at Kancheepuram daily at 10.30 a.m. for a period of 30 days and the petitioner is yet to commence complying with the condition. He would submit that if the condition is not modified in all these cases and if the petitioner is not directed to appear before one and the same respondent or one and the same Court, the petitioner would be put to hardship. Hence, the present petitions have been filed seeking modification.

3. The learned Additional Public Prosecutor submit that the petitioner is complying with the bail condition granted by the learned Principal District Session Judge at Chengalpattu in Crl.M.P.No.1065 of 2022 and signed for 15 days before the Sriperumbudur Police Station. He would further submit that the petitioner has not appeared in respect of bail granted by the learned District and Session Judge - II at Kancheepuram in Crl.M.P.No.312 of 2022 and by the learned District and Session Judge-II at Kancheepuram in Crl.M.P.No.346 of 5/8

2022. Thereby, he would oppose for modification of the condition.

4. Taking into consideration the facts and submissions, the condition imposed in Crl.M.P.No.312 of 2022 dated 11.03.2022 by the learned District and Session Judge - II at Kancheepuram i.e., the petitioner shall appear and sign before the respondent police on every Monday and Thursday at 10.30 am for a period of 4 weeks after his release and thereafter as and when required for an interrogation and in Crl.M.P.No.346 of 2022 dated 23.03.2022 by the learned District and Session Judge-II at Kancheepuram i.e., the petitioner shall stay at Uthiramerur and appear and sign before the learned District Munsif cum Judicial Magistrate, Uthiramerur daily at 10-00 am and 05.00 pm until further orders after his release are modified to that effect which reads as follows:- " The petitioner shall appear before the Inspector of Police, Sriperumbudur Police Station everyday at 06.30 p.m. for a further period of 30 days and thereafter as and when required for interrogation;"

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5. With the above said modification, these Criminal Original Petitions are ordered and the other conditions imposed shall remain unaltered. 23.11.2022 mpl To

1. District and Session Judge - II, Kancheepuram.

2. The Inspector of Police, Sriperumbudur Police Station, Kancheepuram.

3.The Inspector of Police, PEW Police Station, Kancheepuram.

4.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA , J.

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