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Madras High CourtCRL MP(MD)/11635/2016allowed

Ravi v. The Inspector Of Police,

2016-11-29Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL MP(MD) No.11635 and 11186 of 2016 IN CRL OP(MD) No.20017 of 2016 RAVI ... PETITIONER/1st PETITIONER IN CRL MP(MD)NO.11635/2016 IN CRL OP(MD)NO.20017/2016 1 RAVI 2 BOSS 3 KARTHI 4 RAMAR 5 SUBRAMANI 6 THANGARAJ ... PETITIONERS/PETITIONERS IN CRL MP(MD)NO.11186/2016 IN CRL OP(MD)NO.20017/2016 Vs STATE REP.BY ITS THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT CR.NO.584 OF 2016. ... RESPONDENT/RESPONDENT IN BOTH THE PETITIONS PRAYER IN CRL MP(MD)NO.11635/2016 IN CRL OP(MD)NO.20017/2016 : Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the conditions as the petitioner shall appear before concerned Judicial Magistrate Court, Karaikudi instead of the petitioner shall appear before the respondent police daily at 10.30 a.m. in Crl O.P.(MD) No.20017 of 2016, dated 19.10.2016.

Prayer in CRL MP(MD). 11186/ 2016 :

Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the condition imposed against them in Crl O.P.(MD)No.20017 if 2016, dated 19.10.2016.

Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.A.BALAMURUGAN, Advocate for the petitioner in both the petitions and of MRS.S.PRABHA Government Advocate

(Crl.Side) for the Respondent in both the petitions the court made the following order:- The petition in Crl.M.P.(MD)No.11635 of 2016 is filed to modify the conditions as the petitioner shall appear before the concerned Judicial Magistrate Court, Karikudi instead of appear before the respondent Police daily at 10.30 am in Crl.O.P.(MD)No.20017 of 2016. 2.The petition in Crl.M.P.(MD)No.11186 of 2016 is filed to relax the condition imposed against the petitioners in Crl.O.P.(MD) No.20017 of 2016.

3.The learned counsel for the petitioners submitted that the petitioners are not allowed to sign by the respondent Police unless and until the Auto is handed over to them. He further submitted that the petitioner namely, Ravi is not the owner of the Auto and he is only an driver of the said Auto.

4.Earlier on 16.11.2016 this Court directed the learned Government Advocate (Crl.side) to verify the aforesaid fact. 5.Today when the matters are taken up for hearing, the learned Government Advocate (Crl.side) submitted that except the petitioner viz., Ravi, other petitioners are complying with the conditions. She produced a register to that effect.

6.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side).

7.Considering the facts and circumstances of the case and also considering the fact that the petitioners in Crl.M.P.(MD)No.11186 of 2016 are complying with the conditions imposed by this Court, the condition already imposed on the petitioners is modified to the effect that they shall appear before the concerned jurisdictional Court in all hearings.

8.Considering the case of the petitioner in Crl.M.P.(MD) No.11635 of 2016, he is directed to appear before the jurisdictional Court daily at 10.30 am until further orders. Accordingly, these petitions are disposed of.

sd/- 29/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KARAIKUDI.

2 THE JUDICIAL MAGISTRATE, KARAIKUDI 3 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 4 THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.A.BALAMURUGAN Advocate SR.No.74387 GJM/GSV/PM/SAR-1-7.12.16-3P-7C

ORDER

IN CRL MP(MD) No.11635 & 11186 of 2016 IN CRL OP(MD) No.20017 of 2016 Date :29/11/2016