Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.805 of 2018 IN CRL OP(MD) No.13559 of 2017 KUMAR ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT (CR.NO. 91/2006) ... RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition imposed in Crl.M.P.(MD).No.116 of 2018 in Crl.O.P.NO.13559 of 2017 in S.C.No. 260 of 2017 on the file of the Principal Sessions Judge, Kanyakumari District at Nagercoil dated 09.01.

2018 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.B.N.RAJA MOHAMED, Advocate for the petitioner and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) on behalf of the Respondent the court made the following order:- This petition has been filed to relax the condition imposed in Crl.M.P.(MD).No.116/2018 in Crl.O.P.(MD)No.13559 of 2017, dated 09.01.2018.

2. Heard the learned counsel appearing for the petitioner. 3.The learned Government Advocate (Criminal Side) on instructions, submitted that the petitioner was remanded to judicial custody after issuing the non-bailable warrant in S.C.No.261 of 2017.

4. The submissions made by the learned counsels appearing for either side are considered. As per the submission made by the prosecution, the petitioner herein remanded to judicial custody after issuing non-bailable warrant in S.C.No.261 of 2017. Thereafter this Court granted bail in favour of the petitioner. Further, the earlier condition imposed on the petitioner was modified to the extent that the petitioner shall appear before the https://hcservices.ecourts.gov.in/hcservices/

respondent police at 10.00 a.m. on every Monday until further orders. Admittedly, the alleged occurrence was happened in the year 1997. Till now, only due to the attitude of the petitioner, the case has not been disposed. So, considering the above said aspects, this Court is not inclined to modify the condition already imposed. Hence, this petition is dismissed.

sd/- 07/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE PRINCIPAL DISTRICT JUDGE, NAGERCOIL 4 THE OFFICER IN CHARGE, SUB JAIL, NAGERCOIL 5 THE INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.805 of 2018 IN CRL OP(MD) No.13559 of 2017 Date :07/02/2018 MKV-CM-VR-SAR 2/12.2.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/