Magesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Magesh .. Petitioner /versus/ State Rep.by The Inspector of Police, Palacode Police Station, Dharmapuri District.

.. Respondent Criminal Original Petition is filed under Section 482 of Cr.P.C., to set aside the order passed by the Principal District Judge, Dharmapuri in Crl.M.P.No.2046 of 2023 dated 31.10.2023 and modify condition imposed by the learned Principal District Judge, Dharmapuri in Crl.M.P.No.1911 of 2023 by order dated 05.10.2023 as "the petitioner shall appear and sign before the Inspector of Police, Sathuvachari Police Station, Vellore District, daily once at 10.00 a.m., for the period of 30 days" instead of "the petitioner shall appear and sign before the respondent police, daily once at 10.00 a.m., for the period of 30 days"

For Petitioner :Mr.C.Karthikeyan, Senior Counsel for Mr.A.Jagadeeswari For Respondents :Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner is an accused in Crime No.396 of 2023, on the file of Inspector of Police, Palacode police station, Dharmapuri District. 2.

Anticipatory bail was granted to him on 05.10.2023 on condition that he should stay at Palacode and report before the respondent police for 30 days at 10.30 a.m., daily. The petitioner who has some physical ailment and permanent resident of Vellore was not able to comply the condition imposed in the anticipatory bail order dated 05.10.2023, hence he had sought for modification explaining his difficulty. The modification application filed on 17.10.2023 came to be dismissed on 31.10.2023. Hence the present petition is filed.

3.

Heard the learned counsel for the petitioner and records perused.

4.

Taking into consideration of his health, the bail condition is 2/4

modified as below. The petitioner shall surrender before the Judicial Magistrate, Palacode on or before 07.12.2023, furnish surety and shall stay at Palacode for next 7 days, report before the Investigating Officer daily at 10.00 a.m., and thereafter shall appear before the Investigating Officer as and when required on summons. All other bail condition imposed stands confirmed.

5.

With the above modification, this Criminal Original Petition is disposed of.

30.11.2023 Note: Issue order copy on 06.12.2023 Index:yes/no Netural Citation:yes/no rpl To:

1.The Principal District Judge, Dharmapuri 2.The Inspector of Police, Palacode Police Station, Dharmapuri District.

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3.The Public Prosecutor, High Court, Madras.

Dr.G.JAYACHANDRAN,J.

rpl 30.11.2023 4/4