Madras High CourtCRL OP(MD)/10182/2017modified

S.John Britto v. The Inspector Of Police

2017-08-03Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2017

CORAM:

THE HONOURABLE MR. JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)No.10182 of 2017 S.John Britto ... Petitioner Vs.

State of Tamil Nadu, Rep.by the Inspector of Police, Puthukadai Police Station, Kanyakumari District.

(Crime No.4/2017) ... Respondent PRAYER: The Petition filed under Section 439(1)(b) of Cr.P.C., to modify the condition imposed in Crl.M.P.No.3159 of 2017 by the Judicial Magistrate No.II, Kuzhithurai on 28.06.2017. For Petitioner : Mr.J.John Jayakumar For Respondent : Mr.A.Ramar, APP

O R D E R

This petition is filed to modify the condition imposed in Crl.M.P.No.3159 of 2017 by the Judicial Magistrate No.II, Kuzhithurai on 28.06.2017.

2.The learned counsel for the petitioner submitted that the petitioner was detained under Goondas Act vide Order No.7 of 2017 dated 28.01.2017 and a petition in HCP(MD)No.225 of 2017 has been filed before this Court and this Court by order dated 04.07.2017 set aside the detention order. He further submitted that the petitioner was enlarged on bail on 28.06.2017 in Crl.M.P.No.3159 of 2017 by the learned Judicial Magistrate No.II, Kuzhithurai in Crime No.4 of 2017 directing him to appear before the Court daily at 10.00 a.m. until further orders. He also submitted that this Court by order dated 24.07.2017 in Crl.O.P.(MD)No.9475 of 2017 directed the petitioner to appear before the concerned Sessions Court daily at 10.30 a.m. until further orders. Hence, the petitioner was not able to comply with the conditions. 3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 4.Considering the facts and circumstances of the case, the condition imposed by the learned Judicial Magistrate No.II, Kuzhithurai on 28.06.2017 in Crl.M.P.No.3159 of 2017 is modified to the effect that the petitioner shall appear before the Sessions Court, Kanyakumari daily at 10.30 a.m. until further orders. https://hcservices.ecourts.gov.

5.This Criminal Original petition is ordered accordingly. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Kuzhithurai. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.J.John Jayakumar, Advocate SR.No. 70547 Crl.O.P.(MD)No.10182 of 2017 nbj JM/SV AA/SAR 2/17.08.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/