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Madras High CourtCRL OP/28567/2018allowed

K.Senthilkumar v. State Represented By

2018-12-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28567 of 2018 K.Senthilkumar : Petitioner Vs.

State represented by Sub Inspector of Police, All Women Police Station, Tiruvallur.

: Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to modify the condition imposed upon the petitioner in Crl.M.P. No.6171 of 2018 by order dated 26.11.2018 by directing the petitioner to report before the learned Judicial Magistrate No.I, Tiruvallur.

For Petitioner : Mr.V.V.Sairam For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to modify the condition imposed by the Court below while granting bail to the petitioner.

2.An FIR has been registered against the petitioner for an offence under Section 498(A) and 306 r/w 116 of I.P.C. The petitioner was arrested by the respondent police on 06.10.2018. The petitioner filed bail application and the Court below was pleased to grant bail to the petitioner on condition that the petitioner should stay at Villupuram and sign before before the Villupuram Town Police Station daily at 10.00 a.m., until further orders. This condition was complied by the petitioner. 3.The petitioner thereafter filed a petition seeking for modification of the condition. The Court below by an order dated 26.11.2018, modified the condition to the effect that the petitioner should appear daily before the All Women Police Station, Villupuram, at 10.00 a.m., until further orders. 4.The learned counsel for the petitioner would submit that the condition imposed by the Court below is onerous. That https://hcservices.ecourts.gov.in/hcservices/

apart, there is already an existing dispute with the Father-inLaw, who is the Inspector of Police, at Tiruvallur Taluk Police Station, which is next to All Women Police Station, Tiruvallur. Therefore, the learned counsel for the petitioner would submit that this Court may consider modifying the condition imposed by the Court below.

5.In the facts and circumstances of this case, this Court is of the considered view that the condition imposed by the Court below should be modified to the extent that the petitioner shall appear before the Sub Inspector of Police, All Women Police Station, Tiruvallur, on all alternative Mondays at 10.00 a.m., until further orders.

6.This Criminal Original Petition is allowed to the extent indicated above.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ia/vsg1 To:

1.Sub Inspector of Police, All Women Police Station, Tiruvallur.

2.The Principal District and Sessions Judge, Tiruvallur.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.V.Sairam, Advocate, S.R.No.83908 Crl.O.P.No.28567 of 2018 GSP(20/12/2018) https://hcservices.ecourts.gov.in/hcservices/