Margose Peter @ Jude Margoes Peter v. The Inspector Of Police
Crl.O.P.(MD)No. 1407 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2020
CORAM:
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 1407 of 2020 Margoes Peter @ Jude Margoes Peter ... Petitioner Vs State rep. by The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.
(Crime No. 271 of 2019) ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to modify the order in Cr.M.P.No.5221 of 2019 on the file of the Principal Sessions Judge, Thoothukudi dated 20/11/2019 in so far as the imposition of condition to the petitioner directing him to appear before the Judicial Magistrate No.III, Tuticorin instead of Pudukkottai Police Station, Tuticorin District at 10.00 a.m for a period of One month.
For Petitioner : Mr.V. Malaiyendran For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to modify the order in Cr.M.P.No.5221 of 2019 on the file of the learned Principal Sessions Judge, Thoothukudi dated 20/11/2019 in so far as the imposition of condition to the petitioner directing him to appear before the learned Judicial Magistrate No.III, Tuticorin instead of Pudukkottai Police Station, Tuticorin District at 10.00 a.m for a period of One month.
2. The learned counsel appearing for the petitioner would submit that the petitioner was granted bail by the learned Principal Sessions Judge, Thoothukudi District in Crl.M.P. No. 5221 of 2019, dated 20.11.2019 directing the petitioner to appear before the Pudukottai Police Station, Thoothukudi District daily at 10.00 a.m., for a period of One month. After registering a case in Crime No. 271 of 2019 the petitioner has been repeatedly harassed by the respondent police by filing one case after another thereby, the petitioner seeking modification condition before the learned Principal Sessions Judge, Tuticorin District in Crl.M.P. No. 5899 of 2019, whereas the learned Principal Sessions Judge, Tuticorin District, by order, dated 06.01.2020 had dismissed the petition stating that the petitioner has not complied with the conditions. He https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No. 1407 of 2020 would further submit that in yet another case in Crime No.245 of 2019 the learned Magistrate directed the petitioner to stay at Chennai and report before the Virugambakkam R-5 Police Station and the aforesaid modification is also pending and prays that the modification directing the petitioner to appear before the concerned Jurisdictional Magistrate, namely, the learned Judicial Magistrate No.III, Tuticorin.
3. Heard the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. In view of the aforesaid submissions made by the learned counsel appearing for the petitioner, the condition imposed by the learned Principal Sessions Judge, Tuticorin in Crl.M.P. No. 5221 of 2019, dated 20.11.2019 is modified that the petitioner shall report before the learned Judicial Magistrate No.III, Tuticorin daily at 10.00 a.m., for a period of Four Weeks. This petition is ordered accordingly.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) ksa To
1. The Principal Sessions Judge, Tuticorin.
2. The Judicial Magistrate No.III, Tuticorin.
3. The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.V.MALAIYENDRAN, Advocate ( SR-4218[F] dated 31/01/2020 ) Crl.O.P.(MD)No.1407 of 2020 31.01.2020 MK (12.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2