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Madras High CourtCRL OP(MD)/19506/2016ordered

K.Somasundaram v. The Sub Inspector Of Police

2016-10-07Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.10.2016

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P(MD)No.19506 of 2016 K.Somasundaram ... Petitioner/Accused No.1 -VsThe State Rep. by The Sub-Inspector of Police, District Crime Branch (DCB), Virudhunagar District.

(Crime No.5 of 2016) ... Respondent/Complainant PRAYER: Petition filed under Section 439(1)(b) of the Code of Criminal Procedure, to relax the condition imposed by the learned Judicial Magistrate No.II, Virudhunagar in Cr.M.P.No.6761 of 2016, dated 29.08.2016 in Crime No.5 of 2016 on the file of the respondent Police.

For Petitioner : Mr.C.Masilamani For Respondent : Mr.A.P.Balasubramani Government Advocate (Criminal Side)

ORDER

The petitioner has filed the present Criminal Original Petition to relax the condition imposed by the learned Judicial Magistrate No.II, Virudhunagar in Cr.M.P.No.6761 of 2016, dated 29.08.2016 in Crime No.5 of 2016 on the file of the respondent Police.

2. Heard both sides.

3.The learned counsel for the petitioner submitted that the petitioner was enlarged on bail by the learned Judicial Magistrate No.II, Virudhunagar in Cr.M.P.No.6761 of 2016, dated 29.08.2016 and imposed a condition that the petitioner should appear before the respondent police daily at 10.00 a.m., without fail until further orders. He has further submitted that the petitioner has been complying with the condition from 30.08.2016 till now, for the past 36 days and hence, he prayed to relax the condition imposed on the petitioner.

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4.The learned Government Advocate (Criminal Side) has no objection to relax the condition.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner has been complying with the condition from 30.08.2016, the condition imposed on the petitioner by the Court below is modified to the effect that the petitioner shall report before the respondent Police as and when required for interrogation.

6.With the above modification, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Virudhunagar.

2. The Sub-Inspector of Police, District Crime Branch (DCB), Virudhunagar District.

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

+ 1 CC TO Mr.C.MASILAMANI, ADVOCATE IN SR No. 60231/16 PS TE/CK : 25/10/2016 : 2P/5C Crl.O.P(MD)No.19506 of 2016 07.10.2016 https://hcservices.ecourts.gov.in/hcservices/