Madras High CourtCRL OP(MD)/12929/2016ordered

Bilal v. The Inspector Of Police

2016-07-27Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2016

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl.O.P(MD).No.12929 of 2016

1. Bilal

2. Nethaji Subash Chandrabose

3. M. Lakshmanan

4. Sekar ..

Petitioners Vs Inspector of Police, Ilayngudi Police Station, Sivagangai District, Crime No. 57 of 2016 ..

Respondent PRAYER: Criminal Original Petition is filed under section 439(1) (b) of Criminal Procedure Code, praying to modify the condition imposed in Crl.M.P.No.670 of 2016 in Crime No.57 of 2016 on the file of the District Munsif Cum Judicial Magistrate, Ilayangudi, Sivagangai District dated 17.03.2016.

For Petitioner :

Mr.P. Gunasekaran For Respondent :

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

O R D E R

This petition has been filed under section 439(1)(b) of the Criminal Procedure Code seeking modification of the condition imposed in Crl.M.P.No.670 of 2016 in Crime No.57 of 2016 on the file of the District Munsif Cum Judicial Magistrate, Ilayangudi, Sivagangai District dated 17.03.2016 so far as the portion relates to direction directing the petitioners to the effect that they should not leave the territorial jurisdiction.

2. The petitioners charged for the offences under Sections 341, 170, 323 and 363 of IPC. The petitioners have filed Crl.M.P.No.670 of 2016 before the learned District Munsif Cum Judicial Magistrate, Ilayangudi, Sivagangai District and the said Magistrate enlarged the petitioners on bail on 17.03.2016 and imposed the condition among other condition that the petitioners https://hcservices.ecourts.gov.in/hcservices/

should appear before the respondent Police daily at 9.00 am and 6.00 pm for 15 days and should not leave the territorial jurisdiction of the Court without prior permission.

3. According to the petitioners, they have appeared before the respondent Police daily at 9.00 am and 6.00 pm for 15 days. The petitioners are practising advocate at Chennai and having office at Chennai, they have filed the present petition for the above said relief.

4. The learned Government Advocate (Crl. Side) submitted that the petitioners appeared before the respondent Police for 15 days as ordered by the learned District Munsif Cum Judicial Magistrate, Ilayangudi, Sivagangai District and the charge sheet has been filed on 30.03.2016.

5. Considering the fact that the petitioners have appeared before the respondent Police for 15 days as ordered by the learned District Munsif Cum Judicial Magistrate, Ilayangudi, Sivagangai District and the fact that the petitioners are practising advocate at Chennai and they have office at Chennai, the condition imposed by the learned above said Magistrate that the petitioners should not leave the territorial jurisdiction without permission is modified directing the petitioners should appear before the concerned Magistrate on all future hearing dates without fail.

6. Accordingly, the Criminal Original Petition is ordered. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub-Assistant Registrar To 1.The District Munsif Cum Judicial Magistrate, Ilayangudi, Sivagangai District 2.The Inspector of Police, Ilayngudi Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.P.Gunasekaran, Advocate, SR.No.40790 trp RL/5C/2P/DB/11/8/2016 Crl.O.P(MD).No.12929 of 2016 27.07.2016 https://hcservices.ecourts.gov.in/hcservices/