Madras High CourtCRL OP(MD)/6026/2017ordered

Kapil Dev v. The Sub Inspector Of Police

2017-05-18Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD) No.6026 of 2017 Kapil Dev ... Petitioner/Petitioner vs.

Sub Inspector of Police Kadayam Police Station Tirunelveli District Crime No.70 of 2017 ... Respondent/Respondent PRAYER: This petition is filed under Section 439(1)(b) Cr.P.C., to modify the condition imposed on the petitioner in the order passed by the learned Principal Sessions Judge, Tirunelveli, in Cr.M.P.No.1947 of 2017, dated 29.04.2017.

For Petitioner : Mr.S.Sivakumar For Respondent : Mr.K.Anbarasan Govt. Advocate

O R D E R

It is seen that the petitioner herein has been granted bail by the learned Principal Sessions Judge, Tirunelveli, vide Order dated 29.04.2017, in Cr.M.P.No.1947 of 2017, with a condition that after release on bail, he should report before the learned Judicial Magistrate No.I, Thiruthani, daily twice at 10.30 a.m., and 05.30 p.m., until further orders.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the only person to derive income for his family and he is having wife and three children and in such circumstances, it is not possible for him to report before the Judicial Magistrate No.I, Thiruthani. Therefore, the learned counsel prays for suitable modification of the order to that effect.

3. Heard the learned Government Advocate (Criminal Side) appearing for the State on the above submissions. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the

petitioner, the Order dated 29.04.2017, in Cr.M.P.No.1947 of 2017, passed by the learned Principal Sessions Judge, Tirunelveli, is modified to the effect that the petitioner shall report before the respondent Police daily twice at 10.30 a.m., and 05.30 p.m., until further orders. The other conditions imposed on the petitioner stand unmodified.

5. The criminal original petition is disposed of with the above directions.

Sd/- Assistant Registrar(V.O) /True Copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge, Tirunelveli.

2.The Judicial Magistrate No.I, Thiruthani.

3.The Sub Inspector of Police, Kadayam Police Station, Tirunelveli District.

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

+1cc to M/s. S.SIVAKUAMR Advocate in SR. No.56867 Krk JS/RSK/SAR.3/19.05.2017/2P-6C Crl.O.P.(MD) No.6026 of 2017 18.05.2017 https://hcservices.ecourts.gov.in/hcservices/