Madras High CourtCRL OP/32647/2022ordered

Guru @ Kumaraguru v. State Rep.By

2023-01-05Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2023

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Guru @ Kumaraguru ... Petitioner Vs.

The State represented by, The Inspector of Police, Rasipuram Police Station, Namakkal District.

(Crime No.376 of 2022).

... Respondent PRAYER: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C., pleased to modify the condition as to appear before the learned Judicial Magistrate, Rasipuram instead of to appear and sign before the respondent Police daily at 10.00 a.m. until further orders in Crl.M.P.No.2037 of 2022 order dated 20.10.2022 on the file of the Principal Sessions Judge, Namakkal..

For Petitioner : Mr.B.Vasudevan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed to modify one of the conditions imposed by the learned Principal Sessions Judge, Namakkal District in Crl.M.P.No.2037 of 2022 dated 20.10.2022.

2. Learned counsel for the petitioner submitted that the petitioner was granted anticipatory bail by the learned Principal Sessions Judge, Namakkal District in Crl.M.P.No.2037 of 2022 dated 20.10.2022. He further submitted that the learned trial Judge, while granting anticipatory bail to the petitioner, directed the petitioner to appear and sign before the respondent Police daily at about 10.00 a.m., until further orders. He also stated that even though the petitioner has not committed any offence, the respondent Police has foisted a case in Crime No.416 of 2022 for the offence under Sections 5, 7(3) of Lotteries Regulation Act, 1998 & Section 420 of IPC. Therefore, he seeks for modification of the condition.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.

4. In view of the above submission, the condition (3) imposed by 2/4

the learned Principal Sessions Judge, Namakkal District in Crl.M.P.No.2037 of 2022 dated 20.10.2022, is modified as follows and the other conditions remains unaltered.

" the petitioner is directed to appear before the learned Judicial Magistrate, Rasipuram on all working days at 10.00 a.m., until further orders."

05.01.2023 Internet: Yes/No Index :Yes/No ham To

1. The Principal Sessions Judge, Namakkal District.

2. The Inspector of Police, Rasipuram Police Station, Namakkal District.

3. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI, J.

ham 05.01.2023 4/4