Muthukamatchi@Selvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2015
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).Nos.20344 to 20348 of 2015 Muthukamatchi @ Selvam ... Petitioner in all Crl.O.Ps.
Vs.
The State represented by the Inspector of Police, Town Police Station, Srivilliputhur, (Crime No.194 of 2015) ... Respondent in Crl.O.P.(MD).No.20344/2015 The State represented by the Inspector of Police, Kottampatti Police Station, Madurai District in Crime No.366 of 2014.
... Respondent in Crl.O.P.(MD).No.20345/2015 The State represented by the Sub Inspector of Police, Rajapalayam South Police Station, Virudhunagar District in Crime No.617 of 2014.
... Respondent in Crl.O.P.(MD).No.20346/2015 The State represented by the Sub Inspector of Police, Sivakasi Town Police Station, Virudhunagar District in Crime No.515 of 2014.
... Respondent in Crl.O.P.(MD).No.20347/2015 The State represented by the Inspector of Police, Sivakasi Town Police Station, Virudhunagar District in Crime No.491 of 2014.
... Respondent in Crl.O.P.(MD).No.20348/2015
Prayer in Crl.O.P.(MD).No.20344/2015: This petition is filed under Section 439 (1) (b) of Cr.P.C., to permit the petitioner to comply with the condition imposed on him in Crl.M.P.No.4236 of 2015 by modifying the condition that the petitioner shall report before the Inspector of Police, Town Police Station, Sivakasi instead of Inspector of Police, Town Police Station, concerned police station daily at 10.00 a.m. and 5.00 p.m. until further orders. Prayer in Crl.O.P.(MD).No.20345/2015: This petition is filed under Section 439 (1) (b) of Cr.P.C., to permit the petitioner to comply with the condition imposed on him in Crl.M.P.No.3422 of 2015 by modifying the condition that the Inspector of Police, Town Police, Sivakasi, Virudhunagar District instead of reporting before the Judicial Magistrate, Melur, Madurai District daily at 10.00 a.m. until further orders.
Prayer in Crl.O.P.(MD).No.20346/2015: This petition is filed under Section 439 (1) (b) of Cr.P.C., to permit the petitioner to comply with the condition imposed on him in Crl.M.P.No.3723 of 2015 by modifying the condition that the petitioner shall report before Inspector of Police, Town Police, Sivakasi, Virudhunagar District instead of reporting before the Sub Inspector of Police, Rajapalayam South Police Station, Virudhunagar District daily at 10.00 a.m. until further orders.
Prayer in Crl.O.P.(MD).No.20347/2015: This petition is filed under Section 439 (1) (b) of Cr.P.C., to permit the petitioner to comply with the condition imposed on him in Crl.M.P.No.8186 of 2015 by modifying the condition that the petitioner shall report before the Inspector of Police, Town Police, Sivakasi, Virudhunagar District daily at 10.00 a.m. until further orders. Prayer in Crl.O.P.(MD).No.20348/2015: This petition is filed under Section 439 (1) (b) of Cr.P.C., to permit the petitioner to comply with the condition imposed on him in Crl.M.P.No.9314 of 2015 by modifying the condition that the petitioner shall report before the Inspector of Police, Town Police, Sivakasi, Virudhunagar District daily at 10.00 a.m. until further orders. For Petitioners : Mr.A.R.Kannappan For Respondent : Mrs.S.Prabha Govt. Advocate (Crl.side) C O M M O N O R D E R These applications are filed seeking modification of the condition imposed by the Judicial Magistrate.
2. The learned counsel for the petitioner submitted that the petitioner is implicated in case of theft in different police stations and he was released on statutory bail and as per the condition imposed by the Judicial Magistrate, in Crime No.194 of 2015, the petitioner has to appear before the Inspector of Police, Town Police Station, Srivilliputhur daily at 10.00 a.m. and 5.00 p.m. until further orders, in Crime No.366 of 2014, he has to appear before the Inspector of Police, Kottampatti Police Station, Madurai District daily at 10.00 a.m. for a period of 15 days, in Crime No.617 of 2014, he has to appear before the Sub Inspector of Police, Rajapalayam South Police Station, Virudhunagar District daily at 10.00 a.m., until further orders, in Crime No.
515 of 2014, he has to appear before the Inspector of Police, Sivakasi Town Police Station daily at 10.00 a.m. until further orders and in Crime No.491 of 2014, he has to appear before the Inspector of Police, Sivakasi Town Police Station, Virudhunagar District daily at 10.00 a.m. until further orders. Due to the condition imposed by the learned Judicial Magistrate, the petitioner is not able to appear before different police stations at the same time and therefore, the condition has to be modified.
3. The learned Government Advocate (Crl.side) submitted that the petitioner is regularly appearing before the Inspector of Police, Town Police Station, Srivilliputhur, he is not complying the conditions in respect of other police stations.
4. Considering the fact that the petitioner is involved in five theft cases in different jurisdiction police stations, this Court is inclined to modify the condition directing the petitioner to reside at Vellor and report before the Vellor Town Police Station twice a day at 10.00 a.m. and 5.00 p.m. until further orders.
These Criminal Original Petitions are ordered accordingly. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar akv To
1. The Inspector of Police, Town Police Station, Srivilliputhur,
2. The Inspector of Police, Kottampatti Police Station, Madurai District.
3. The Sub Inspector of Police, Rajapalayam South Police Station,
4. The Sub Inspector of Police, Sivakasi Town Police Station,
5. The Officer Incharge, Vellor Town Police Station, Vellor.
6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to MR.A.R.Kannappan, Advocate SR NO.62633 Crl.O.P.(MD).Nos.20344 to 20348 of 2015 26.10.2015 rg.04.11.2015 KBM/SAR-I 4P/8C