B.Rex, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL MP(MD) No.7563 of 2016 IN CRL OP(MD) No.13251 of 2016 B.REX ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY , THE INSPECTOR OF POLICE, KANNIVADI POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.211 OF 2016 ... 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 in Crl.OP.No.13251 of 2016 dated 29.07.2016 by directing the petitioner to appear before the Judicial Magistrate No.II, Dindigul instead of the respondent Police. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.A.R.KANNAPPAN, 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 is filed to modify the condition imposed by this court in Crl.O.P(MD).No.13251 of 2016 dated 29.07.2016 directing the petitioner to appear before the learned Judicial Magistrate No.II, Dindigul.

2. The learned counsel appearing for the petitioner submitted that this Court by order dated 29.07.2016 granted anticipatory bail to the petitioner, on condition that the petitioner should appear before the respondent police daily at 10.00 am and 5.00 pm until further orders. He further submitted that when the petitioner went to the respondent police for complying with the condition, the respondent police seized the cellphone of the petitioner worth about Rs.20,000/- and threatened him with dire consequences and hence, the petitioner has sent representation dated 18.08.2016 to the Superintendant of Police, Dindigul and filed the present petition for modification of the condition.

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3. The learned Government Advocate (Crl. Side) submitted that there is no such occurrence took place on 14.08.2016 and the

petitioner has appeared before the respondent police only from 11.08.2016 to 13.08.2016. He further submitted that when the petitioner appeared on 14.08.2016, he was enquired about other accused and due to that, he has given a false compliant against the respondent police. On instructions given by Mr. Thiruvanantham, Inspector of Police the learned Government Advocate further submitted that they have informed about the non compliance of the petitioner to the concerned Magistrate.

4. Considering the submissions made by the learned counsels on either side, this Court is not inclined to modify the condition imposed by this Court in Crl.O.P(MD).No.13251 of 2016 dated 29.07.2016 and accordingly, the petition is dismissed. sd/- 31/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,DINDIGUL 2 THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL 3 THE INSPECTOR OF POLICE KANNIVADI POLICE STATION,DINDIGUL DISTRICT.

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

TRP CSL/CK/SAR-III/19.09.2016: 2P/5C

ORDER

IN CRL MP(MD) No.7563 of 2016 IN CRL OP(MD) No.13251 of 2016 Date :31/08/2016 https://hcservices.ecourts.gov.in/hcservices/