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Madras High CourtCRL MP(MD)/204/2019ordered

J.Francis Prithivraj v. The Inspector Of Police

2019-01-10Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) No.204 of 2019 IN CRL OP(MD) No.20909 of 2018 J.FRANCIS PRITHIVRAJ ... PETITIONER/ ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, ILUPUR POLICE STATION, PUDUKKOTTAI DISTRICT.

CRIME NO.129/2018 ... RESPONDENT/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition imposed in order in Crl.O.P.(MD) No.20909 of 2018 dated 26/11/2018 and thus render justice. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.BALAJI, Advocate for the petitioner and of Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) on behalf of the Respondents the court made the following order:- This petition has been filed to modify the condition imposed on the petitioner in Crl.O.P.(MD).No.20909 of 2018 on 26.11.2018.

2. The learned counsel appearing for the petitioner would submit that the petitioner was granted anticipatory bail by this court on 26.11.2018 in the above case with certain conditions. As per the condition of this Court, the petitioner surrendered before the Court along with sureties on 11.12.2018 and thereafter, the petitioner appeared before the respondent police on 12.12.2018. On the same day, a case was registered against him by the respondent Police in Cr.No.204 of 2018 under Sections 392 and 506(ii) I.P.C, in which, the petitioner was arrested and remanded into judicial custody. Thereafter, the petitioner was released on bail on 18.12.2018 by the learned Judicial Magistrate, Keeranur. Immediately, after coming out on bail, the petitioner has been taking treatment at Government Head Quarters Hospital, Manapparai and thereafter at SRM Hospital as inpatient. He further submits https://hcservices.ecourts.gov.in/hcservices/

that the petitioner is appearing before the learned Judicial Magistrate, Keeranur and now, the petitioner apprehends that respondent Police might implicate him in yet another case. Since the petitioner was able to come out on bail within a short period and since there is animosity between the petitioner and the respondent Police, he seeks modification.

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

4.Considering the above facts and circumstances of the case, the condition already imposed on the petitioner by this Court is relaxed. The petitioner need not appear before the respondent Police.

sd/- 10/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, ILUPUR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. C.C. to Mr.S.BALAJI Advocate SR.No.642

ORDER

IN CRL MP(MD) No.204 of 2019 IN CRL OP(MD) No.20909 of 2018 Date :10/01/2019 MS/VR/SAR-1/23.01.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/