R.Satham Hussain v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifteenth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR IN CRL OP(MD) No.14903 of 2020 R.SATHAM HUSSAIN ... PETITIONER/ACCUSED No.5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SOUTH GATE POLICE STATION, CRIME NO.1095/2020 ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition totally imposed by this Hon'ble Court in CRL MP(MD)No.620 of 2021 in CRL OP(MD)No.14903 of 2020 dated 03.02.2021.

PRAYER IN CRL MP(MD)No.620 of 2021 IN CRL OP(MD) No.14903 of 2020: Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition totally imposed by this Hon'ble court in Crl.O.P (MD)No.14903 of 2020 dated 16.12.2020.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.M.A.JINNAH, Advocate for the petitioner and of Mr.M.V.CHANDRASEKARAN, Government Advocate(criminal side) on behalf of the Respondent, the court made the following order:- This petition is filed to relax the condition imposed by this Court in Crl.M.P.(MD).No.620 of 2021 in Crl.O.P.(MD).No.14903 of 2020 on 03.02.2021.

2.The learned counsel appearing for the petitioner submitted that the petitioner was granted bail by this Court in Crl.O.P.(MD). No.14903 of 2020 and one of the condition is that the petitioner has to appear before the Chengalpattu Police Station daily twice at 10.30 a.m and 05.00 p.m for a period of four weeks and thereafter, 1/3

he has to report before the respondent Police daily at 10.30 a.m. He further submitted that he has been regularly complying with the condition. Thereafter, he has filed relaxation petition in Crl.M.P. (MD).No.620 of 2021 and the above said condition was modified directing the petitioner to appear before the respondent Police on every Monday at 10.30 a.m and it has also been complied with by the petitioner. The learned counsel for the petitioner submitted that when the petitioner has been complying with the condition, the respondent Police have detained the petitioner for two hours daily and further they forced the petitioner to execute bonds and also some acknowledgement.

He further submitted that the petitioner apprehends that these documents will be used against him to foist false case and proceedings will be initiated by the respondent without following rules and procedures. He further submitted that the petitioner is ready and willing to appear before the committal Court and not before the respondent Police for the above said reason. Hence, he prayed for relaxation of the said condition. 3.The learned Government Advocate(Crl.Side) appearing for the respondent Police submitted that the petitioner has been complying with the condition regularly till date.

4. Taking into consideration of the submissions made by both the counsels, the condition imposed by this court in Crl.M.P.(MD). No.620 of 2021 in Crl.O.P.(MD).No.14903 of 2020, on 03.02.2021 is modified to the effect that the petitioner shall appear before the committal Court on every Monday at 10.30 a.m till the completion of committal proceedings and thereafter, he shall appear before the concerned trial Court on all hearing dates.

sd/- 15/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE No.IV, 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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3.THE INSPECTOR OF POLICE SOUTH GATE POLICE STATION, 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL OP(MD) No.14903 of 2020 Date :15/03/2021 vsg TK/PN/SAR.4/19.03.2021/3P/5C 3/3