S. Kumaresan, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 17/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL MP(MD). No.5208 of 2019 in CRL OP(MD). No.7554 of 2019
1. S. Kumaresan,,
2. K. Muruganatham,,
3. K. Shenbagarajan,, ... Petitioners/Petitioners/ Accused Nos.1 to 3 Vs The State rep.by The Inspector of Police, Nesamani Nagar Police Station, Nagercoil, Kanyakumari District.
Cr.No.73 of 2019.
... Respondent/Respondent/ Complainant For Petitioners : M/s.S.Palani Velayutham, Advocate.
For Respondent : M.Anantha Devi, Govt.Advocate (Crl.Side).
PETITION FOR MODIFICATION Under Sec.439(1)b of Cr.P.C PRAYER :- To pass an order to modify the condition of reporting before the Royapettah Police Station daily at 10.00 a.m. for the period of 3 weeks to any other police station which is at Nagercoil or the nearby police station to Nagercoil Crl OP(MD)No.7554 of 2019 dated 29.05.2019 forthwith.
ORDER : The Court Made the following order :- This petition has been filed to modify the condition of reporting before the Royapettah Police Station daily at 10.00 a.m. for the period of 3 weeks to any other police station which is at Nagercoil or the nearby police station to Nagercoil Crl OP(MD) No.7554 of 2019 dated 29.05.2019 forthwith.
2. The learned counsel for the petitioner would submit that this Court by an order dated 29.05.2019 in Crl.O.P(MD) No.7554 of 2019 granted anticipatory bail to the petitioners to appear before the Royapettah police Station , Chennai daily at 10.00 a.m for a period of three weeks and thereafter as and when required for interrogation. He further submitted that first petitioner is aged about 75 years and the other petitioners are cooley workers. Hence they are unable to stay at Chennai and appear before the Royapettah police Station , Chennai. Hence he prays to modify the said condition.
3.Heard the learned Government Advocate(Crl.Side) appearing for the respondent.
4. Considering the submissions made on either side, the condition imposed by this Court in Crl OP(MD)No.7554 of 2019 dated 29.05.2019 to appear before the Royapettah police Station , Chennai daily at 10.00 a.m for a period of three weeks and thereafter as and when required for interrogation is modified to the effect that the petitioners shall report before the Tirunelveli Town Police Station daily at 10.00 a.m for a period of three weeks and thereafter as and when required for interrogation before the respondent. All other conditions in the said order shall remain intact.
sd/- 17/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. The Judicial Magistrate No II, Nagercoil, Kanyakumari District.
2. Do Thro' The Chief Judicial Magistrate,, Kanyakumari District at Nagercoil.
3. The Inspector of Police, Nesamani Nagar Police Station, Nagercoil, Kanyakumari District.
4. The Insepctor of Police, Royapettah Police Station, Chennai.
5. The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.
6. The Additional Public Prosecutor Madurai Bench of Madras High Court,Madurai.
+1 CC to Mr.S.PALANI VELAYUTHAM, Advocate ( SR-9808[I] dated 17/06/2019 )
ORDER
IN CRL MP(MD) No.5208 of 2019 IN CRL OP(MD) No.7554 of 2019 Date :17/06/2019 aav AE/PN/SAR-II (21.06.2019) 3P 8C