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Madras High CourtCRL MP(MD)/2706/2024dismissed

Manikandan v. The Inspector Of Police

2024-03-11Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CRL OP(MD) No.1678 of 2024 MANIKANDAN ... Petitioner / Petitioner / Sole Accused Vs THE INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 46/2024) ... Respondent / Respondent / Complainant Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to pass an order modifying the conditions in No.6(c) imposed by this Honble court in Crl O.P (MD) No. 1678 of 2024 vide order dt. 05.02.2024. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.B.N.RAJA MOHAMED, Advocate for the petitioner and of 1/4

Mr.P.KOTTAICHAMY, Government Advocate (Crl. side) on behalf of the Respondent, the Court made the following order:- This petition has been filed to modify the condition in paragraph No.6(c) imposed by this Court in Crl.O.P(MD) No.1678 of 2024, vide order, dated 05.02.2024.

2. The learned counsel for the petitioner would submit that the petitioner has been implicated for the offence under Sections 448, 294(b), 323 and 506(ii) of IPC. This Court granted the anticipatory bail application filed by the petitioner on condition that he shall report before the respondent Police daily at 10.30 p.m., for a period of two weeks and thereafter, as and when required, challenging the same, this petition has been filed, seeking modification, on the ground that it is too difficult to appear before the respondent Police and there is life threat to the petitioner's life. Hence, he seeks modification to appear before the Tharapuram Police Station, where he is working at textile mill. 3.The learned Government Advocate (Crl.Side) would submit that at the respondent Police Station, there is no life threat to the petitioner. Further, unless the petitioner appears before the respondent Police, investigation may not be completed. Hence, he vehemently opposed to allow this petition.

4. Considering the facts and circumstance of this case, the grievance expressed by the learned counsel for the petitioner is not genuine one. Hence, this petition is 2/4

dismissed. Further, one week time is extended to comply the condition imposed in Crl.O.P(MD) No.1678 of 2024, vide order dated 05.02.2024. sd/- 11/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Judicial Magistrate, Radhapuram, Tirunelveli District.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN IN CRL OP(MD) No.1678 of 2024 Date :11/03/2024 3/4

ED/ JGB /SAR- (19/03/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4