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Madras High CourtCRL MP(MD)/5645/2019ordered

Velmurugan, v. The Inspector Of Police,

2019-06-26Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 26/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL MP(MD). No.5645 of 2019 in CRL OP(MD). No.7432 of 2019 Velmurugan,, ... Petitioner/1st petitioner Vs State rep.by its The Inspector of Police,, Sendhamaram Police Station, Tirunelveli District.

(Crime No.152 of 2019).

... Respondent/Complainant For Petitioner : Mr.R.J.Karthick, Advocate.

For Respondent : Mrs.M.Anantha Devi, Govt.Advocate (Crl.Side).

PETITION FOR modificcation Under Sec.439(1)(b) of Cr.P.C PRAYER :- To modify he condition passed by this Honourable Court in Crl.O.P(MD).No.7432/2019, dated 29/05/2019 by modifying the condition, directing the petitioner to report before the respondent police daily at 10.00 am., for a period of three weeks and thereafter as and when required for interrogation. ORDER : The Court Made the following order :- The petition has been filed to modify the condition imposed on the petitioner in CRL OP(MD) No.7432 of 2019.

2. The learned counsel for the petitioner submitted that the petitioner was granted anticipatory bail by this Court on 29.05.2019 with a direction to appear before the respondent police daily at 10.00 a.m for a period of three weeks and thereafter as and when required for interrogation. He further submitted that when the https://hcservices.ecourts.gov.in/hcservices/

petitioner went to the respondent police station to comply with the condition, the Sub Inspector of Police namely Mr.Uthira kumar did not allow the petitioner to comply with the conditions and he threatened him by demanding bribe. He further submitted that he is ready to comply with the conditions before the learned Judicial Magistrate, Tenkasi.

3. The learned Government Advocate (Crl. Side) submitted that the petitioner has complied the condition only one day and there are eight previous cases against the petitioner. He further submitted that the said Sub Inspector of Police did not threaten the defacto complainant. Hence she opposed to modify the said condition.

4. Taking into consideration the fact and circumstances of the case and also considering the submissions made on both side, this Court is inclined to modify the condition that the petitioner shall appear before the Deputy Superintendent of Police, Puliyangudi daily at 10.30 a.m for a period of three weeks and thereafter as and when required before the respondent police.

sd/- 26/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRTE, TENKASI.

2.DO THRO'THE CHIEF JUDICAIL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, SENDHAMARAM POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO: THE DEPUTY SUPERINTENDENT OF POLICE, PULIYANKUDI. +1 CC to Mr.R.J.KARTHICK, Advocate ( SR-10535[I] dated 26/06/2019 )

ORDER

IN CRL MP(MD) No.5645 of 2019 IN CRL OP(MD) No.7432 of 2019 Date :26/06/2019 aav AE/PN/SAR-III (04.07.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/