Surendar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Surendar ... Petitioner/Petitioner Vs.

The Inspector of Police, Uthumalai Police Station, Thenkasi District.

Crime No.247 of 2023 ... Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 439(1)(b) r/w 482 of Cr.P.C., to modify the condition in Cr.M.P.No.108 of 2024, dated 03.02.2024 on the file of the learned Principal Sessions Judge, Tenkasi modifying the condition to sign before Kavundampalayam Police Station, Coimbatore instead of signing K.Pudur Police Station, Madurai, in connection with Crime No.247 of 2023. For petitioner : Mr.A.Joel Paul Antony, Advocate For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. side)

ORDER

This petition has been filed seeking to modify the condition in Cr.M.P.No.108 of 2024, dated 03.02.2024 on the file of the learned Principal Sessions Judge, Tenkasi modifying the condition to sign before Kavundampalayam Police 1/4

Station, Coimbatore instead of signing K.Pudur Police Station, Madurai, in connection with Crime No.247 of 2023.

2.The learned counsel appearing for the petitioner would submit that the petitioner was arrested in Cr.No.247 of 2023 for the offence punishable under Section 394 IPC. Therefore, the petitioner filed a bail petition before the learned Principal Sessions Judge, Tenkasi, in Cr.M.P.No.108 of 2024 and the same was allowed and directed the petitioner to appear before the Madurai K-Pudur Police Station daily once at 10.30 a.m. for one month. He would further submit that the petitioner is studying ITI 2nd year at Coimbatore and the semester exams also scheduled in this month. If the condition is imposed, the studies will be affected. Therefore, he prayed to modify the condition imposed by the Court below. 3.The learned Government Advocate(Crl.

side) appearing for the respondent police has no serious objection to modify the condition imposed by the Court below. 4.Considering the facts and circumstances of the case and considering the reasons assigned in the affidavit filed in support of this petition, this Court is inclined to modify the condition imposed by the Court below.

(iv) imposed by the Court below in Cr.M.P.No.108 of 2024 dated 03.02.2024, is hereby modified to the effect that "the petitioner shall appear before the Kavundampalayam Police Station, Coimbatore, daily at 10.30 a.m., for a period of one month." All other conditions in the said order dated 03.02.2024 shall remain unaltered. 5.In the result, this Criminal Original Petition is allowed. sd/- 21/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.THE PRINCIPAL SESSIONS JUDGE, TENKASI.

2.THE INSPECTOR OF POLICE, UTHUMALAI POLICE STATION, THENKASI DISTRICT.

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

COPY TO 1.THE INSPECTOR OF POLICE, KAVUNDAMPALAYAM POLICE STATION, COIMBATORE, 3/4

2.THE INSPECTOR OF POLICE, K.PUDUR POLICE STATION, MADURAI,

ORDER

IN CRL OP(MD) No.2711 of 2024 Date :21/02/2024 RK/VR(27/02/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4