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Madras High CourtCRL MP(MD)/2088/2022ordered

Solairaja v. The Assistant Commissioner Of Police

2022-02-09Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Wednesday, the Ninth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in CRL.A(MD) 435 of 2021 Solairaja ... Petitioner/Appellant Vs 1 The Assistant Commissioner of Police Annanagar Police Station Madurai.

2 The Inspector of Police Annanagar(L and O) Police Station Madurai District. (Crime No.1593/2021) 3 Mareeshgayathri ... Respondents/Respondents Prayer: - CRL.MP(MD)No.2088/2022 Criminal Appeal is filed under section 482 of Cr.p.c. To modify the condition No.6(iii) imposed by this Hon`ble Court order in CRL.A.(MD)435 of 2021 dated 19/11/2021 Prayer: - CRL.A(MD)No.435/2021 Criminal Appeal is filed under section 14A(2) of Scheduled Caste/Scheduled Tribes Act, 1989, as amended by Act 1 of 2016, to call for the records relating to the order in Crl.M.P.No.1262 of 2021, dated 06.10.2021, on the file of the III Additional Sessions Judge (PCR Cases ), Madurai and set aside the same. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.

S.Sukumar Advocate for the Petitioner and of Mr.K.Sanjai Gandhi Government Advocate for the respondent, this Court made the following order: This petition has been filed to modify the condition No.6(iii) imposed by this Court in Crl.A(MD)No.435 of 2021, dated 19.11.

2.The learned counsel for the petitioner submitted that the petitioner was released on bail by this Court in Crl.A(MD)No.435 of 2021, dated 19.11.2021 with the conditions. One of the conditions is that the petitioner should reside at Kanyakumari District and to sign before the Kanyakumari Town Police Station, Kanyakumari, daily twice i.e., at 10.30 a.m., and 5.30 p.m., until further orders and should not enter in Madurai District, until further orders. The petitioner has been complying with the condition from 23.12.2021 to till date without fail. He further submitted that the petitioner is a poor coolie worker and he could not spend huge amount. Hence, it is very difficult for him to stay at Kanyakumari and abide the present condition. Therefore, he seeks to modify the condition. 3.The learned Government Advocate (Crl.side) appearing for the respondent has submitted that the petitioner is complying with the condition without fail and strongly opposed for modification petition.

4.In view of the above, this Court is modified the condition No.6(iii) to the effect that the petitioner shall sign before the second respondent police daily at 10.30 a.m., until further orders. 5.This petition is ordered accordingly.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The Assistant Commissioner of Police Annanagar Police Station Madurai.

2. The Inspector of Police Annanagar(L and O) Police Station Madurai District. (Crime No.1593/2021)

3. The III Additional Sessions Judge (PCR Cases ), Madurai.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to:

The Inspector of Police, Kanyakumari Town Police Station, Kanyakumari ORDER DATED : 09/02/2022 ==========================

ORDER

========================== IN Crl.A No(md) 435 of 2021 Giving direction and etc.

as stated within.

srr(CO) TR(02.03.2022) 3P 6C 3/3