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Madras High CourtCRL OP(MD)/13137/2016dismissed

Rajkumar v. The Inspector Of Police

2016-08-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.13137 of 2016 Rajkumar ... Petitioner/Petitioner/A6 -vsState represented by The Inspector of Police, Thadicombu Police Station, Dindigul District.

(Crime No.55/2016) ... Respondent/Respondent/Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to set aside the order passed in Crl.M.P.No.1386 of 2016 dated 05.07.2016 passed by the learned Principal Sessions Judge, Dindigul and consequently relax the condition imposed in Crl.M.P.No.1114 of 2016 dated 05.07.2016.

For Petitioner :

Mr.J.Anandkumar For Respondent :

Mr.K.V.Rajarajan Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed, seeking to set aside the order passed in Crl.M.P.No.1386 of 2016 dated 05.07.2016 by the learned Principal Sessions Judge, Dindigul and consequently relax the condition imposed in Crl.M.P.No.1114 of 2016 dated 05.07.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3. The case of the petitioner is that he was arrested in respect of a case in Crime No.55 of 2016 on the file of the respondent police for the offence under Section 395 IPC; that he was released on bail by the learned Principal Sessions Judge, Dindigul Crl.M.P.No.1114 of 2016 on 29.04.2016 with a condition to report before the respondent police daily at 10:00am until further orders; that due to his poor health condition, he is unable to comply with the condition, as he has to travel 200kms daily in https://hcservices.ecourts.gov.in/hcservices/

compliance of the order and therefore, the petitioners seeks to set aside the said condition imposed by the Principal Sessions Judge, Dindigul.

4. The relief sought for by the petitioner is not maintainable, as the Court, which imposed the condition alone has got the power to modify the same and this Court is not inclined to usurp the power of the said Court and therefore, this petition is liable to be dismissed .

5. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To:

1.

The Principal Sessions Judge, Dindigul.

2.

The Inspector of Police, Thadicombu Police Station, Dindigul District.

3.

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

+1cc to M/S.J.ANANDKUMAR,ADVOCATE, SR NO:40947 ar JA-SKS-RR/SAR.AE-24.08.2016-2P:5C Crl.O.P.(MD)No.13137 of 2016 https://hcservices.ecourts.gov.in/hcservices/