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Madras High CourtCRL OP(MD)/16202/2017dismissed

Muppudathi Muthu v. The Inspector Of Police

2017-11-30Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.16202 of 2017 Muppudathi Muthu

...Petitioner/Petitioner/Sole Accused

Vs.

State rep. by The Inspector of Police, Pavoor Chatram Police Station, Tirunelveli District, (Crime No.467/2017)

...Respondent/Respondent/Complainant.

PRAYER: Criminal Original Petition is filed under Section 439 (1) (b) of the Code of Criminal Procedure, to modify the condition imposed in order passed in Crl.M.P.No.5451 of 2017, dated 08.11.2017 on the file of Principal Sessions Court (FAC), Tirunelveli in Crime No.467 of 2017 on the file of the respondent police directing the accused instead of reporting in the morning and evening before the learned Judicial Magistrate No.II, Madurai as to report before the learned Judicial Magistrate, Thenkasi.

For Petitioner : Mr.S.Alagusundar For Respondent : Mr.K.Anbarasan Government Advocate

O R D E R

The Petitioner filed this petition to modify the condition imposed by the learned Principal Sessions Court (FAC), Tirunelveli in Crl.M.P.No.5451 of 2017, dated 08.11.2017 to direct the petitioner to appear before the learned Judicial Magistrate, Tenkasi instead of reporting in the morning and evening before the learned Judicial Magistrate No.I, Madurai.

2.The learned counsel appearing for the petitioner would submit that due to his ill health, the petitioner not appeared before the learned Judicial Magistrate No.I, Madurai. Hence, he prays for modification petition.

3.The Learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner did not comply with the order dated 08.11.2017, passed by the learned Principal Sessions Court (FAC), Tirunelveli and not even appeared in a single day before the learned Judicial Magistrate No.I, Madurai. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the facts and circumstances of the case and also considering the gravity of the offence , I am not inclined to modify the condition. Accordingly, the criminal original petition is dismissed with a direction to the petitioner to appear before the Judicial Magistrate No.I, Madurai, tomorrow onwards, daily at 10.30 a.m. and 5.00 p.m., until further orders.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.

To 1.The Principal Sessions Judge(FAC), Tirunelveli.

2.The Judicial Magistrate No.I, Madurai.

3.-Do-Thro'The Chief Judicial Magistrate, Madurai. 4.The Inspector of Police, Pavoor Chatram Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.16202 of 2017 30.11.2017 rmi AM/SKN RSK/SAR 1/30.11.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/