Seethapathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Seethapathi ... Petitioner/Accused (Sole) Vs.

State represented by The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

Crime No.692 of 2023 ... Respondent/Respondent PRAYER : Criminal Original Petition filed under Section 439(1)(b) r/w 482 of the Code of Criminal Procedure, to relax the condition imposed by the learned Additional District & Sessions Judge (Special Court under EC Act Cases), Thanjavur/Principal Sessions Judge, Thanjavur (I/C), in Crl.M.P.No.8279 of 2023 vide its order dated 15.12.2023.

For Petitioner : Mr.R.L.Dhilipan Pandian, Advocate For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to relax the condition imposed by the learned Additional District & Sessions Judge (Special Court under EC Act Cases), 1/4

Thanjavur/Principal Sessions Judge, Thanjavur (I/C), in Crl.M.P.No.8279 of 2023 vide its order dated 15.12.2023.

2.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as Sole Accused in Cr.No.692 of 2023, which was registered for the offence punishable under Sections 294(b), 324 and 307 of IPC. Therefore, the petitioner filed a bail petition in Crl.M.P.No.8279 of 2023 and the same was allowed with a condition to the petitioner should stay at Madurai and report before the Inspector of Police, Tallakulam Police Station, daily at 10.30 a.m., for a period of 30 days from the date of his release without fail. He would further submit that the petitioner is a daily wager and he is unable to comply with the condition imposed by the Court below regularly. Therefore, he prayed to relax the condition imposed by the Court below.

3.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the petitioner is complying with the condition imposed by the Court below regularly.

4.Considering the facts and circumstances of the case and considering the 2/4

submissions made by the learned counsel on either side, this Court is inclined to modify the condition imposed by the Court below. Accordingly, the condition imposed by the Court below in Crl.M.P.No.8279 of 2023 dated 15.12.2023 is hereby modified to the effect that "the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation".

5.In the result, this Criminal Original Petition is allowed. sd/- 09/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( CS-I/ II/ III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO 1.THE ADDITIONAL DISTRICT & SESSIONS JUDGE (SPECIAL COURT UNDER EC ACT CASES), THANJAVUR/PRINCIPAL SESSIONS JUDGE, THANJAVUR (I/C), 2.THE INSPECTOR OF POLICE, PANDHANALLUR POLICE STATION, THANJAVUR DISTRICT.

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3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI.

+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-433[I] dated 09/01/2024 )

ORDER

IN CRL OP(MD) No.363 of 2024 Date :09/01/2024 RK/DD (19/01/2024) 4P /6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4