Madras High CourtCRL OP(MD)/1538/2024modified

A.Antony v. The Inspector Of Police

2024-02-01Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Antony ... Petitioner/Accused No.4 Vs.

The State rep. By the Inspector of Police, Vellichanthai Police Station, Nagercoil, Kanyakumari District.

(Crime No.172/2023) ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 439 (1)(b) of Cr.P.C, to modify the condition No.2 imposed in Crl.M.P.No.4 of 2024 on the file of the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil dated 03.01.2024. For petitioner :

Mr.A.Mohamed Haneef For Respondent :

Mr.P.Kottaichamy Government Advocate (Crl.Side) O R D E R This Criminal Original Petition is filed to modify the condition No.2 imposed in Crl.M.P.No.4 of 2024 on the file of the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil dated 03.01.2024.

2. Due to property dispute between the petitioner and the defacto complainant, a case in Crime No.172 of 2023 has been registered against the petitioner for the offences under Sections 109, 147, 148, 294(b), 323 and 506(ii) of IPC and Section 4 of 1/3

TNPHW Act, 2002. Therefore, the petitioner has filed Crl.M.P.No.4 of 2024 before the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil and the same was allowed on 03.01.2024 with the condition that the petitioner shall stay at Tiruchirappalli and appear and sign before the Judicial Magistrate No.I, Tiruchirappalli daily twice at 10.30 a.m and 5.30 p.m., until further orders.

3. The learned counsel for the petitioner submitted that the petitioner is working at Nagercoil and it is very difficult for him to appear and sigh before the Judicial Magistrate No.I, Tiruchirappali daily twice at 10.30 a.m and 5.30 p.m., until further orders. He further submitted that the petitioner is aged about 61 years and he his having old age aliments. Hence, he prayed for modification of the said condition.

4. Considering the above submission made by the learned counsel for the petitioner, the condition No.2 imposed in Crl.M.P.No.4 of 2024 on the file of the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil dated 03.01.2024 is modified to the effect that the petitioner is directed to appear before the respondent police daily twice at 10.30 a.m and 5.30 p.m., until further orders. sd/- 01/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1 THE PRINCIPAL SESSIONS COURT, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

2 THE JUDICIAL MAGISTRATE NO.I, TIRUCHIRAPPALLI. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI. 4 THE INSPECTOR OF POLICE, VELLICHANTHAI POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.MOHAMED HANEEF, Advocate ( SR-1359[I] dated 02/02/2024 ) ORDER IN Crl.O.P.(MD)No.1538 of 2024 Date : 01/02/2024 RS/JGB/SAR-(14.02.2024) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3