Madras High CourtCRL OP(MD)/15365/2016ordered

Sulochana v. The Sub Inspector Of Police

2016-09-06Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2016

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.15365 of 2016 1.Sulochana 2.Kamavalli ... Petitioners/Petitioners Vs The State Rep. By its Sub Inspector of Police, Pasupathipalayam Police Station, Karur District.

(Crime No.441 of 2016) ... Respondent/Complainant Criminal Original Petition is filed under Section 439 (i)(b) of the Code of Criminal Procedure, praying to modify condition imposed upon the petitioners by the learned Judicial Magistrate NO.I, Karur in Cr.M.P.No.6280 of 2016 dated 28.07.2016 to the effect that the petitioners shall appear before the learned Judicial Magistrate No.I, Karur instead of respondent police daily at 10.30 a.m.

For Petitioners : Mr.G.Thalaimutharasu For Respondent : Mr.K.V.Rajarajan Government Advocate(Crl. Side)

O R D E R

The petition has been filed under Section 439(i)(b) Cr.P.C., praying to modify the condition imposed upon the petitioners by the learned Judicial Magistrate No.I, Karur in Cr.M.P.No.6280 of 2016 dated 28.07.2016.

2.Heard the learned counsel for the petitioners and also the learned Government Advocate(Crl. Side).

3. Learned counsel for the petitioners would submit that the trial court has granted bail to the petitioners in Crl.M.P.No .6280 of 2016 imposing some conditions. One of the conditions is that the accused has to appear before the respondent police daily at 10.30 a.m. He would submit that since the second petitioner made a complaint against the respondent police before higher authorities, the petitioners were prevented from compliance of conditions imposed https://hcservices.ecourts.gov.in/hcservices/

upon them and hence he prayed for modification. 5.Considering the facts and circumstances of this case, this Court considers it appropriate to modify the abovesaid conditions as follows:

After release on bail, the petitioners shall appear before the learned Magistrate No.I, Karur daily at 10.30. a.m until further orders.

The other conditions imposed by the court below shall stand unaltered.

7. The Criminal Original Petition is disposed of with the above modification.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Karur.

2.The Sub Inspector of Police, Pasupathipalayam Police Station, Karur District.

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

+ 1 CC TO MR.G.THALAIMUTHARASU, ADVOCATE IN SR No. 50378 CM TE/AAL-MPA/SAR-III : 09/09/2016 : 2P/5C (IT) CRL.O.P.(MD)No.15365 of 2016 06.09.2016 https://hcservices.ecourts.gov.in/hcservices/