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Madras High CourtCRL OP/27932/2024modified

M.Nowsaath v. The State Rep By

2024-11-22Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.11.2024 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.M.Nowsaath 2.M.Vinoth Gangatharan ... Petitioners Vs.

The State Represented by, The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

(Crime No.227 of 2024)

...Respondent

PRAYER: Criminal Miscellaneous Petition is filed under Section 483 (1) (b) of BNSS, praying to modify the condition No.2 imposed on the petitioner is that the petitioners may be directed to appear before the police station at Manapparai daily at 10.30 a.m., for a period of three weeks in Crl.MP.No.2621 of 2024 order passed by the Hon'ble Judicial Magistrate Court at Sulur dated 23.09.2024 in Crime Number 227 of 2024 pending on the file of the respondent police. For Petitioners : Mr.C.Srinivasan For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

O R D E R

This petition has been filed to modify the condition No.2 imposed on the petitioners by the learned Judicial Magistrate, Sulur, in Crl.MP.No.2621/2024 dated 23.09.2024 by directing the petitioners to appear and sign before the respondent police daily at 10.00a.m., and 5.00 p.m, for a period of 30 days.

2. Learned counsel appearing for the petitioners would submit that the petitioners were arrested and remanded to judicial custody on 25.07.2024 and they were granted statutory bail by the Lower Court for the offences punishable under Sections 170, 420, 380 of IPC in Cr.No.227 of 2024. The Lower Court while granting bail had imposed one of the condition that "the petitioners are directed to appear and sign before the respondent police daily twice at 10.00 a.m and 5.00 p.m for a period of 30 days from the next day of his release". He would further submit that the petitioners in another case filed modification petition before the Madurai Bench of the High Court in Crl.OP.(MD) No.18249 of 2024 dated 23.10.2024, wherein Madurai Bench of this Court, had directed the petitioners to apper before the Manapparai Police Station, daily at 10.30 a.m, for a period of three weeks. He would further submit 2/4

that the petitioners are already appearing before the Manapparai Police Station, due to which, the petitioners were unable to appear before the respondent police, thereby, the present petition seeking modification has been filed.

3. Heard the learned Government Advocate (Crl.Side) appearing for the respondent.

4. Considering the submissions of the learned counsel on either side, the condition imposed by this Court in Crl.M.P.No.2621 of 2024 dated 23.09.2024, is modified to the effect that the petitioners shall appear before the Manapparai Police Station daily at 10.30 a.m, for a period of three weeks and thereafter shall appear before the Judicial Magistrate, Sulur on the second working day of January 2025, and thereafter on the date to be fixed by the learned concerned Judge.

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A.D.JAGADISH CHANDIRA.J., drl

5. With the above directions, this Criminal Miscellaneous Petition is ordered.

22.11.2024 drl To 1.The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

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

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