Nallamalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2016

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl.O.P(MD).No.12543 of 2016 Nallamalai ..

Petitioner Vs The state rep. The Inspector of Police, Uthumalai Police Station, Thirunelveli District, Crime No. 56 of 2016 ..

Respondent PRAYER: Criminal Original Petitions are filed under section 439(1) of Criminal Procedure Code, praying to set aside the order passed by the learned Principal Sessions Judge, Thirunelveli in Crl.M.P.No.2933 of 2016 dated 05.07.2016 and modify the condition that the petitioner shall appear before the any other District Police Station instead of respondent Police.

For Petitioner :

Mr. Dhana Law Associates For Respondent :

Mr.P.Kannithevan Government Advocate (Crl. Side)

O R D E R

This petition has been filed to set aside the order passed by the learned Principal Sessions Judge, Thirunelveli in Crl.M.P.No.2933 of 2016 dated 05.07.2016 and modify the condition that the petitioner shall appear before the any other District Police Station instead of respondent Police.

2. The petitioner charged for the offences under Sections 294 (b) and 307 of IPC and Section 3 of Arms Act and arrested and remanded to judicial custody and he filed Crl.M.P.No.1951 of 2016 and enlarged on bail by the learned Principal Sessions Judge, Thirunelveli and as per condition, the petitioner after furnishing the sureties on 18.04.2016 came out on bail on 19.04.2016 and thereafter, he did not appear before the respondent Police daily. Therefore, the respondent filed Crl.M.P.No.2842 of 2016 before the learned Principal Sessions Judge, Thirunelveli, for cancellation of bail. At that time, the petitioner has filed Crl.M.P.No.2933 of 2016 before the learned Principal Sessions Judge, Thirunelveli https://hcservices.ecourts.gov.in/hcservices/

to modify the condition that the petitioner should appear before the any other District Police Station except Thirunelveli District.

3. According to the petitioner, after coming out on bail on 19.04.2016, he went to respondent Police Station, at that time the defacto complainant and their henchmen were waiting near the Police Station with deadly weapons. Further,the defacto complainant and his henchman threatened the petitioner and tried to murder him. The petitioner escaped from the place of occurrence and absconded from locality. Therefore, he prayed for modification of the condition imposed directing him to appear before respondent police.

4. It is seen that the petitioner did not comply with the condition imposed by the learned Principal Sessions Judge, Thirunelveli, directing him to appear before the respondent Police daily at 10.00 am for a period of one month and hence, the respondent police filed a petition in Crl.M.P(MD).No.2842 of 2016 for cancellation of bail. Subsequently, the petitioner filed Crl.M.P.No.2933 of 2016 seeking modification to appear before any other Police Station other than the respondent Police Station.

5. In such circumstances, this Court is not inclined to modify the condition imposed by the learned Principal Sessions Judge, Thirunelveli and accordingly, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS II) /True Copy/ Sub Assistant Registrar To

1. The learned Principal Sessions Judge, Thirunelveli.

2. The Inspector of Police, Uthumalai Police Station, Thirunelveli District.

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

+1cc to Mr.J.senthil Kumaraiah, Advocate Sr.No. 40710 AA/:SKS-RR:10.08.2016:2P/5C Crl.O.P(MD).No.12543 of 2016 29.07.2016 https://hcservices.ecourts.gov.in/hcservices/