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Madras High CourtCRL MP(MD)/1728/2020ordered

A. Deivam, S/O.Ayyar Thevar, v. The Inspector Of Police

2020-02-26Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi2 pages

CRL MP(MD) No.1728 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice T.RAJA and The Hon`ble Mr.Justice B.PUGALENDHI CRL MP(MD) No.1728 of 2020 IN CRL A(MD) No.369 of 2019 A.DEIVAM ... PETITIONER/ PETITIONER/ APPELLANT Vs STATE REP. BY THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

CRIME NO.130 OF 2014 ... RESPONDENT/ RESPONDENT/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition No.(ii) of appearing before the concerned Court on the 1st Working day of every week at 10.30 am and before the Respondent Police at 5.30 P.M. imposed on the petitioner/Appellant in Crl.MP(MD)No.7442 of 2019 in Crl.A(MD)No.369/2019 dated 17.10.2019.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.N.ANANTHAPADMANABHAN, Advocate for M/S.APN LAW ASSOCIATES for the petitioner and of MR.R.ANANDARAJ, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- ( Order of the Court was made by T.RAJA.J) This modification petition has been moved by one A.Deivam/accused/appellant herein, seeking modification of the order dated 17.10.2019, directing him to report before the concerned Court on the first working day of every week at 10.30 a.m and before the respondent Police at 5.30 p.m until further orders. 2.Learned counsel appearing for the petitioner would submit that since the petitioner has been directed to appear before the concerned Court once in a week in the morning and also evening at https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.1728 of 2020 5.30 p.m before the respondent Police, he is not able to carry on his routine work and he is the only breadwinner of his family. Further, according to him, if the existing condition continues, the petitioner will not be able to eke out his livelihood. Hence, he prays for modification of the condition.

3.Learned Additional Public Prosecutor appearing for the respondent, after taking instructions from the respondent Police, submitted that from the date of passing of the conditional order by this Court i.e on 17.10.2019, he has been complying both the conditions regularly.

4.Since the petitioner has been complying with the condition regularly, this Court deems it fit to modify the condition, directing the petitioner to appear before the concerned trial Court once in a month i.e on the first working day of every month at 10.30 a.m until further orders.

5.In the result, this miscellaneous petition is ordered. sd/- 26/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE, MADURAI.

2 THE INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-4242[I] dated 27/02/2020 )

ORDER

IN CRL MP(MD) No.1728 of 2020 IN CRL A(MD) No.369 of 2019 Date :26/02/2020 VS JM/PN/SAR 2/09.03.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2