Sheik Imran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.3647 of 2023 Sheik Imran

...Petitioner/Petitioner

-vsThe State represented by The Inspector of Police, AWPS Police Station, Thilagar Thidal, Madurai City, Madurai.

(in Cr.No.4 of 2023)

...Respondent/Respondent

PRAYER: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C, praying to modify the condition imposed in that the petitioner shall appear before the respondent police daily at 10.00 am until furthers in Crl.M.P.Nos.685 of and 760 of 2023 before the learned Principal Sessions Judge, Madurai, in Cr.No.4 of 2023 on the file of the respondent Police.

For Petitioner : Mr.S.Rajasekar for M/s.Lajapathi Roy and Associates For Respondent : Mr.M.Veeranthiran Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking to modify the condition imposed on the petitioner that he shall appear before the respondent police daily at 10.00 am until furthers in Crl.M.P.Nos.685 of and 760 of 2023, dated 31.01.2023 before the learned Principal Sessions Judge, Madurai, in Cr.No.4 of 2023 on the file of the respondent Police.

2.The learned Counsel for the petitioner would submit that apprehending arrest in respect of Cr.No.4 of 2023, the petitioner and other accused have approached the the learned Principal Sessions Judge, Madurai, for anticipatory bail and the said petition was allowed on 31.01.2023 on condition that the petitioner shall appear and sign before the respondent Police daily at 10.30 am, until further orders. He would also submit that the petitioner has complied with the condition without fail and that the petitioner is the resident of Chennai and doing business there. However, the respondent Police is All Women Police Station, Thilagar Thidal, Madurai City and hence, he seeks relaxation of the condition imposed by the the learned Principal Sessions Judge, Madurai. https://www.mhc.tn.gov.in/judis

3.Considering the facts and circumstances of the case and also considering the submissions made by the learned Counsel for the petitioner, this Court is inclined to allow this petition. Accordingly, this petition is allowed and the the condition imposed by the the learned Principal Sessions Judge, Madurai, in Crl.M.P.Nos.685 of and 760 of 2023, dated 31.01.2023 is modified to the effect that the petitioner shall appear before the respondent Police as and when required on issuance of summons. The other parts of the order, dated 31.01.2023 shall remain unaltered. sd/- 24/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE, MADURAI.

2 THE INSPECTOR OF POLICE AWPS POLICE STATION, THILAGAR THIDAL, MADURAI CITY, MADURAI. CRIME NO. 4 OF 2023 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1CC to M/s.Lajapathi Roy and Associates(SR.No.11024)

ORDER

IN CRL OP(MD) No.3647 of 2023 Date :24/02/2023 MGJ/BUC/SAR I/07/03/2023/3P/5C https://www.mhc.tn.gov.in/judis