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Madras High CourtCRL OP(MD)/5744/2018allowed

M.Chinnadurai v. The Inspector Of Police

2018-04-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.5744 of 2018 1.M.Chinnadurai 2.M.Anandaraj ... Petitioners/Accused No.1&2 Vs.

State represented by The Inspector of Police, Watrap Police Station, Virudhunagar District.

(In Crime No.69 of 2018) ... Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 439(1) (b) r/w 482 of the Code of Criminal Procedure, to modify the order passed by the learned Principal District and Sessions Judge, Virudhunagar at Srivilliputtur in Cr.M.P.No.1194 of 2018 dated 15.03.2018 relaxing the condition of reporting before the respondent police daily at 05.00 p.m., for 30 days. For Petitioners : Mr.J.Selvam For Respondent : Ms.M.Anantha Devi Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed by the petitioner seeking to modify the order passed by the learned Principal District and Sessions Judge, Virudhunagar at Srivilliputtur in Cr.M.P.No.1194 of 2018 dated 15.03.2018 relaxing the condition of reporting before the respondent police daily at 05.00 p.m., for 30 days.

2.Heard both sides.

3.By the order impugned in this Criminal Original Petition, the learned Principal District and Sessions Judge, Virudhunagar at Srivilliputtur has imposed a condition that the petitioners should report before the respondent daily at 05.00 p.m., for 30 days. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel appearing for the petitioners submitted

that the first petitioner is serving as Havildar/Clerk in Army Service Corps at Gangtok, Sikkim and the second petitioner is serving as a Naik in Madras Engineering Group at Firozpur in Punjab. The leave sanctioned to the first petitioner expires on 07.04.2018 and the leave sanctioned to the second petitioner expired on 01.04.2018. Unless the said condition is modified the petitioners would be put to great hardship and loss. 5.Finding merit in the said submission of the learned counsel appearing for the petitioners, this Criminal Original Petition is allowed and the condition imposed by the learned Principal District and Sessions Judge, Virudhunagar at Srivilliputtur, in Cr.M.P.No.1194 of 2018, dated 15.03.2018, is modified to the effect that the petitioners shall appear before the respondent police as and when required for interrogation. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge, Srivilliputtur, Virudhunagar District.

2. The Inspector of Police, Watrap Police Station, Virudhunagar District.

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

Cp AE/SV MMS/SAR4/23.04.2018/2P/4C Crl.O.P.(MD)No.5744 of 2018 12.04.2018 https://hcservices.ecourts.gov.in/hcservices/