Madras High CourtCRL MP(MD)/535/2018dismissed

Chandran v. The Sub Inspector Of Police

2018-01-29Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.535 of 2018 IN CRL OP(MD) No.296 of 2018 CHANDRAN ... PETITIONER / PETITIONER Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE CHINNAKOVILANKULAM POLICE STATION, TIRUNELVELI DISTRICT , IN CR.NO. 03/2018 ... RESPONDENT / RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition as to appear before the Learned Jurisdictional Judicial Magistrate Court at Sankarankoil instead of report before the respondent police as imposed by this Honourable Court in Crl.OP(MD)No. 296/2018 dated 09.01.

2018 to report Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.SOLAISAMY, Advocate for the petitioner and of Mr.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) on behalf of the Respondents the court made the following order:- This Petition has been filed to modify the condition as to appear before the learned Judicial Magistrate Court at Sankarankoil instead of report before the respondent police as imposed by this Court in Crl.O.P(MD).No.296 of 2018, dated 09.01.2018. 2.The learned counsel appearing for the petitioner submitted that one Mr.Raja, a Sub Inspector of Police and Mr.Mariyappan, a Special Sub Inspector of Police, attached with the respondent police frequently went to the petitioner's house and scolded his wife with filthy language.

Even after the order of this Court, they have been continuously harassing her and threatened that they will foist false cases against the petitioner. They are also threatening the sureties. So, the petitioner is in critical position to surrender before the concerned Court. He further submitted that the petitioner is the only breadwinner of his family. Hence, he prays to modify the condition.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Crl.Side) appearing for the

respondent police submitted that till now the petitioner has not complied with the condition imposed by this Court in Crl.O.P(MD). No.296 of 2018, dated 09.01.2018.

4.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), this Criminal Miscellaneous petition is dismissed. sd/- 29/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE SUB INSPECTOR OF POLICE CHINNAKOVILANKULAM POLICE STATION, TIRUNELVELI DISTRICT , 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI JAM/05/02/2018/CM-VR/ SAR 4 / 2P-5C

ORDER

IN CRL MP(MD) No.535 of 2018 IN CRL OP(MD) No.296 of 2018 Date :29/01/2018 https://hcservices.ecourts.gov.in/hcservices/