Madras High CourtCRL OP(MD)/16716/2017ordered

Devendra Thevar @ Devendira v. The Inspector Of Police

2017-12-07Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2017

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.16716 of 2017 Devendra Thevar @ Devendira Pandian ... Petitioner/Accused 9 -Vs1.The State rep. by the Inspector of Police, Thirukurungudi Police Station, Thirukurungudi, Thirunelveli District.

2.The Deputy Superintendant of Police, Valliyoor Police Station, Valliyoor, Thirunelveli District. ... Respondents 1&2/Complainant 3.S.Indira ... 3rd Respondent/Defacto Complainant Prayer : This Criminal Original Petition is filed under Section 439 (1)(b) of Cr.P.C to modify the condition as imposed on the petitioner dated 23.11.2017 made in Crl.M.P.No.3371 of 2017 by the learned II Additional District and Sessions Judge (Prevention of Atrocities Act), Thirunelveli while releasing him on bail in connection with Crime No.108 of 2017 on the file of the first respondent Police.

For Petitioners : Mr.S.Palani Velayutham For Respondents 1 and 2 : Mr.K. Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed to modify the condition as imposed on the petitioner dated, 23.11.2017 made in Crl.M.P.No.3371 of 2017, by the learned II Additional District and Sessions Judge (Prevention of Atrocities Act), Thirunelveli, while releasing him on bail in connection with Crime No.108 of 2017 on the file of the first respondent Police.

2. The petitioner was implicated for the offences under Sections 294(b), 323, 447, 427, 379 and 506(ii) of IPC and Section 4 of TNPWH Act 2002 and Section 4 of T.N. Prohibition of Charging of Exorbitant Interest Act, 2003, r/w. Section 3(1)(r), 3(1)(s) and 3

(2) (Va) of SC/ST (PoA) Amendment Act, 2015 in Crime No. 108 of 2017 on the file of the respondent Police.

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3. While granting interim bail, the Court below has directed the petitioner to appear and sign before the learned Judicial Magistrate No.I, Karur at 10.00 and 5.00 pm on all working days and in holidays he shall appear before the DSP, Karur at 10.00 am and 5.00 pm until further orders.

Since the petitioner has complied with the said condition for the past 10 days, he has approached this Court for modification of the condition imposed on the petitioner stating that the petitioner is residing at Thirukurungudi and he is an agriculturist.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the State.

5. Considering the facts and circumstances of the case, the condition No. 2 imposed on the petitioner by the learned II Additional District and Sessions Judge (Prevention of Atrocities Act), Thirunelveli, dated, 23.11.2017 made in Crl.M.P.No.3371 of 2017, is modified to the effect that the petitioner shall appear before the first respondent Police daily at 10.30 am until further orders. The remaining condition shall remain un-altered.

6. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The II Additional District and Sessions Judge (Prevention of Atrocities Act), Thirunelveli 2.The Deputy Superintendant of Police, Valliyoor Police Station, Valliyoor, Thirunelveli District.

3.The Inspector of Police, Thirukurungudi Police Station, Thirukurungudi, Thirunelveli District.

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

TRP VB/SKN/RSK/SAR2/19/12/2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD)No.16716 of 2017 07.12.2017