D. Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL MP(MD) No.6134 of 2016 IN CRL OP(MD) No.8354 of 2016 D. KUMAR ... PETITIONER/PETITIONER Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SOUTH MADURAI CITY, MADURAI. 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 form the Respondent police to Judicial Magistrate No. I Madurai order passed by this Honourable Court in Crl. O. P. (MD) NO. 8354 of 2016 dated 25.05.2016. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.P.

AMMAVASAI, Advocate for the petitioner and of Mr.P.Kannithevan Government Advocate (Crl.Side) on behalf of the Respondent and the court made the following order:- This petition has been filed praying to modify the condition with regard to report before the respondent police, imposed on the petitioner in Crl.O.P(MD)No.8354 of 2016, dated 25.05.2016, by this Court.

2.The learned counsel for the petitioner submitted that the petitioner has been granted anticipatory bail with certain conditions and the petitioner has been directed to appear before the respondent police daily at 10.30 a.m. until further orders. As per the said order, the petitioner surrendered before the learned Judicial Magistrate No.I, Madurai on 15.07.2016 and released on bail and he is complying with the condition from 16.07.2016 till date. When the petitioner went to the police station, the police tortured him with regard to a new case registered against him and therefore he prays for modification.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Criminal side) submitted that there is no torture at the hands of the respondent police and

the petitioner was granted anticipatory bail at the stage of petition enquiry and now a case has been registered in Crime No.11 of 2016 and therefore the apprehension of the petitioner is baseless.

4.Considering the facts and circumstances of the case and also considering the fact that a case has been registered in Crime No.11 of 2016 and also considering the contention made by the learned Government Advocate (Criminal side) that there is no torture by the respondent police, this Court is not inclined to modify the said condition and accordingly this petition is dismissed. sd/- 28/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SOUTH MADURAI CITY, MADURAI.

SMN JM/AAL-MPA/SAR-III/01.08.2016/2P-5C

ORDER

IN CRL MP(MD) No.6134 of 2016 IN CRL OP(MD) No.8354 of 2016 Date :28/07/2016 https://hcservices.ecourts.gov.in/hcservices/