David v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL MP(MD) No.8842 AND 8843 of 2017 IN CRL OP(MD) No.12255 AND 12256 of 2017 DAVID ... PETITIONER/ACCUSED NO.1 IN CRL MP(MD)NO.8842/2017 IN CRL OP(MD)NO.12255/2017 VINOTH ... PETITIONER/ACCUSED NO.2 IN CRL MP(MD)NO.8842/2017 IN CRL OP(MD)NO.12255/2017 Vs STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE PUDUKKOTTAI POLICE STATION, TUTICORIN DISTRICT.
IN CRIME NO.313 OF 2017 ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS PRAYER IN CRL MP(MD)NO.8842/2017 IN CRL OP(MD)NO.12255/2017: 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 by this Honble court in Crl.OP(MD) No.12255 of 2017 dated 18.09.2017 and modify the condition to direct the petitioner to appear before the learned Judicial Magistrate No.I, Madurai at 10.30 a.m instead of appearing before the Pudukkottai Police Station, Tuticion daily at 10.30 a.m.
Prayer in CRL MP(MD). 8843/ 2017 IN CRL OP(MD)NO.12256/2017: to modify the condition imposed by this Honble court in Crl.OP(MD) No.12256 of 2017 dated 18.09.2017 and modify the condition to direct the petitioner to appear before the learned Judicial Magistrate No.I, Madurai at 10.30 a.m instead of appearing before the Pudukkottai Police Station, Tuticion daily at 10.30 a.m.
Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.S.M.A.JINNAH, Advocate for the petitioner in both the petitions and of MR.A.RAMAR Additional Public
Prosecutor for the Respondent in both the petitions the court made the following order:- These applications are filed for Modification of condition imposed in Crl.O.P.(MD)Nos.12255 & 12256 of 2017. 2.It is submitted by the learned counsel for the petitioners that in Crl.O.P.(MD)Nos.12255 & 12256 of 2017, this Court has directed the petitioners to sign before the respondent police namely the Pudukottai Police Station, Thoothukudi daily at 10.30 a.m., until further orders. He further submitted that the petitioners are residing at Madurai and also working as a Coolie. The petitioners are daily travelling more than 300 kms up and down from Madurai to Thoothukudi and they are only sole bread winner of their family. Hence, these applications are filed for modification to modify the condition imposed in Crl.O.P.(MD)Nos.12255 & 12256 of 2017 to direct the petitioners to appear before the Sub-Inspector of Police, Pudukottai Police Station, Thoothukudi District.
3.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners are complying with the condition only from 21.09.2017.
4.Considering the facts and circumstances and also considering the fact that the condition already imposed on the petitioners are modified to the effect that the petitioners are directed to appear before the learned Judicial Magistrate No.I, Madurai daily at 10.30 a.m. until further orders. sd/- 27/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AM/TA/DAS TO 1 THE JUDICIAL MAGISTRATE NO.III, THOOTHUKUDI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE JUDICIAL MAGISTRATE NO.I, MADURAI 4 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 5 THE SUB INSPECTOR OF POLICE, PUDUKKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2. C.C. to M/S.S.M.A.JINNAH Advocate SR.No.31933, 31934 GJM/PM/PN/SAR-I-4.10.17-3P-9C
ORDER
IN CRL MP(MD) No.8842 & 8843of 2017 IN CRL OP(MD) No.12255 & 12256 of 2017 Date :27/09/2017