Madras High CourtCRL OP(MD)/2828/2017modified

P.Suresh Kumar v. The Inspector Of Police

2017-03-16Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN CRL.O.P.(MD)No.2828 of 2017 P.Suresh Kumar ... Petitioner vs.

The State represented by The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(Crime No.333 of 2016).

... Respondent Prayer: The Criminal Original Petition is filed under Section 439 (i)(b) read with 482 of Cr.P.C, to modify the condition imposed by the learned Principal Sessions Judge, Tirunelveli, Tirunelveli District in Cr.M.P.No.923 of 2017 dated 03.03.2017, in which instead of directing the petitioner to report before the respondent police daily once at 5.30 p.m., it may be modified by directing the petitioner to report before the learned Judicial Magistrate, Nanguneri, Tirunelveli District every Monday at 05.30 p.m. for compliance of condition.

For Petitioner : Mr.A.Kesavan For Respondent : Mr.K.V.Rajarajan Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed for modification of the condition imposed by the learned Principal Sessions Judge, Tirunelveli in Cr.M.P.No.923 of 2017 dated 03.03.2017, instead of directing the petitioner to report before the respondent police daily at 5.30 p.m., it may be modified by directing the petitioner to report before the learned Judicial Magistrate, Nanguneri, Tirunelveli District every Monday at 05.30 p.m.

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

3. The learned counsel for the petitioner submits that the petitioner is a practicing advocate and he has filed a private complaint against the then Inspector of Police attached with the respondent police in C.C.No.275 of 2014 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District. Further, the https://hcservices.ecourts.gov.in/hcservices/

respondent police with a personal animosity has implicated the petitioner into three criminal cases in Crime Nos.333 and 334 of 2016 in Crime No.4 of 2017. He further states that if the petitioner appears before the respondent police, there is liklihood of registering another false case against him. Hence, the condition imposed by the learned Judicial Magistrate, Nanguneri may be modified.

4. Considering the facts and circumstances of the case, this Court is inclined to modify the condition imposed by the learned Principal Sessions Judge, Tirunelveli in Cr.M.P.No.923 of 2017, dated 03.03.2017. Accordingly, the condition already imposed on the petitioner is modified to the effect that the petitioner shall appear before the learned Judicial Magistrate, Valliyoor daily at 5.30 p.m. instead of appearing before the respondent police daily at 5.30 p.m.

5. This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1 THE JUDICIAL MAGISTRATE, NANGUNERI.

2 THE JUDICIAL MAGISTRATE, VALLIYOOR.

3 1 and 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

4. THE LEARNED PRINCIPAL SESSIONS JUDGE, TIRUNELVELI.

5. THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to M/s.A.KESAVAN, Advocate, in SR No. 14948 AKV AAM-CM MSA/SAR 4/27.03.2017 2P 8c CRL.O.P(MD)No.2828 of 2017 16.03.2017 https://hcservices.ecourts.gov.in/hcservices/