M. Murali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2016

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl.O.P(MD)No.13064 of 2016 M.Murali : Petitioner/A.3 Vs.

State rep. by The Inspector of Police, District Crime Branch, Theni District.

(Crime No.6 of 2016) : Respondent/ Complainant Prayer: Criminal Original Petition is filed under Section 439(1) (b) of the Criminal Procedure Code praying to modify the condition imposed on the petitioner by the learned Principal Sessions Judge, Theni in Cr.M.P.No.1445 of 2016 dated 10.06.2016. For Petitioner : Mr.K.Baskaran For Respondent : Mr.P.Kannithevan, Government Advocate (Crl.side).

O R D E R

This petition has been filed praying to modify the condition imposed on the petitioner in the order dated 10.06.2016 passed in Cr.M.P.No.1445 of 2016 by the learned Principal Sessions Judge, Theni.

2.It is averred in the petition that the petitioner has been arrayed as A.3 in Crime No.6 of 2016 on the file of the respondent police for the offences punishable under Sections 403, 406, 420, 465 and 477(A) IPC. The petitioner herein has moved a petition before the learned Principal Sessions Judge, Theni in Cr.M.P.No.1445 of 2016 for bail and the learned learned Principal Sessions Judge, Theni, after hearing both sides, enlarged the petitioner on bail with certain conditions vide order dated 10.06.2016 and one of the said conditions is that the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders. As per the said order, the petitioner surrendered before the learned Judicial Magistrate, Theni and released on bail and he is complying with the conditions from 17.06.2016.

3.The learned counsel for the petitioner submitted that the petitioner is aged about 54 years and he is complying with the https://hcservices.ecourts.gov.in/hcservices/

condition for more than 35 days and he is residing at Madurai and since he has to travel 160 Kms so as to sign before the respondent police, he is facing difficulties and therefore, the condition imposed on the petitioner by the learned Principal Sessions Judge, Theni, may be modified.

4.The learned Government Advocate (Crl.Side) submitted that after considering the facts and circumstances of the case, the learned learned Principal Sessions Judge, Theni, enlarged the petitioner on bail with a specific condition to appear before the respondent police daily 10.00 a.m. until further orders and the petitioner is complying with the condition only from 17.06.2016 to 26.07.2016 and the same requires no interference. 5.From the materials available on record, it is seen that the learned learned Principal Sessions Judge, Theni, enlarged the petitioner on bail with a specific condition to appear before the respondent police daily at 10.00 a.m. until further orders and he is complying with the condition from 17.06.2016. The petitioner is aged about 54 years.

It is represented by the learned Government Advocate (Criminal side) that the petitioner is complying with the condition only from 17.06.2016 to 26.07.2016. 6.Considering the above said facts and also considering the contention made by the learned Government Advocate (Criminal side), this Court is inclined to modify the said condition to the effect that the petitioner shall report before the respondent police once in a week i.e., on every Sunday at 10.00 a.m. until further orders and the Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge, Theni.

2.The Inspector of Police, District Crime Branch, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +2 cc to M/s.K.Baskaran, Advocate in SR.Nos.40819,40800 smn CSL/PEK/04.08.2016 :2P/6C ORDER MADE IN Crl.O.P(MD)No.13064 of 2016 28.07.2016 https://hcservices.ecourts.gov.in/hcservices/