Babish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL MP(MD) No.5316 of 2016 IN CRL OP(MD) No.9628 of 2016 1 BABISH 2 KRISHNAN ... PETITIONERS/PETITIONERS Vs THE STATE REP.BY THE INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 383 /2016 ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition imposed in Crl.O.P.(MD) No. 9628/2016 dated 20.06.2016 to report before the Judicial Magistrate, Eraniel, Kanyakumari District Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Not appeared in person or by an Advocate for the petitioner and of MR.K.ANBARASAN, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- This petition has been filed praying to modify the condition imposed on the petitioners in Crl.O.P(MD)No.9628 of 2016, dated 20.06.2016, by this Court.

2.It is averred in the petition that the petitioners have been granted anticipatory bail with certain conditions and the petitioners have been directed to appear before the respondent police daily at 10.00 until further orders and accordingly, when the petitioners went to the respondent police on 25.06.2106 and 26.06.2016 to comply with the condition, a police constable, who is working in the police station, assaulted them and on the next day, they sent a complaint to the concerned Superintendent of Police and from that day, they have not complied with the condition and seeks modification in the condition with regard to appearance before the respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 3.There is no representation for the petitioners.

4.The learned Government Advocate (Criminal side) submitted that there was no such occurrence took place and only a vague allegation has been made against the police official in order to escape from signing before the respondent police, the petitioners have come up with the present petition for modification and the same deserves to be dismissed.

5.Considering the said submission made by the learned Government Advocate (Criminal side), this Court is not inclined to modify the condition imposed on the petitioners and accordingly this petition is dismissed.

sd/- 05/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ERANIEL, KANYAKUMARI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

SMN CSL/AAL-MPA/SAR-III/12.07.2016 : 2P/5C

ORDER

IN CRL MP(MD) No.5316 of 2016 IN CRL OP(MD) No.9628 of 2016 Date :05/07/2016 https://hcservices.ecourts.gov.in/hcservices/