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Madras High CourtCRL OP(MD)/6274/2017modified

Raja @ Gnananeedhy v. The Inspector Of Police

2017-05-24Honourable Mr Justice C.V. Karthikeyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 24.05.2017 Coram THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Crl.O.P.(MD)No.6274 of 2017 Raja @ Gnananeedhy ... Petitioner -VsState represented by The Inspector of Police, Batlagundu Police Station, Nilakottai Taluk, Dindigul District.

Crime No.26 of 2017 ... Respondent Prayer: Criminal Original Petition is filed under Section 439(2) of Criminal Procedure Code, to modify the order passed by the learned Principal Sessions Judge, Dindigul in Crl.M.P.No.963 of 2017 dated 28.04.2017 in condition column No.2, to appear before the learned Judicial Magistrate, Nilakottai daily at 10.30 a.m., instead of the respondent police station daily at 10.00 a.m. For Petitioner : Mr.B.Chandran For Respondent : Mr.A.P.Balasubramanian Additional Public Prosecutor

O R D E R

The Criminal Original Petition is filed to modify the order passed by the learned Principal Sessions Judge, Dindigul in Crl.M.P.No.963 of 2017 dated 28.04.2017 in condition column No.2, to appear before the learned Judicial Magistrate, Nilakottai daily at 10.30 a.m., instead of the respondent police station daily at 10.00 a.m.

2. The learned Government Advocate (Criminal side) would submit that the petitioner was granted Anticipatory bail by the Principal District and Sessions Judge, directing the petitioner to appear before the respondent police everyday at 10.00 a.m. for 30 days. The petitioner was complying the conditions on 3.5.2017, 4.5.2017 and 5.5.2017.

3. The learned Counsel for the petitioner would submit that petitioner had actually appeared on few occasions, but it was not recorded by the respondent police.

4. This Court is of the view that in the interest of justice, to avoid any further allegation against the respondent police, this Court is inclined to modify the condition imposed by the Trial Court. Accordingly, the condition already imposed on https://hcservices.ecourts.gov.in/hcservices/

the petitioner is modified to the effect that the petitioner shall appear before the concerned Magistrate Court daily at 10.30 a.m. and also appears before the respondent police as and when summoned by the respondent police for enquiry.

5. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS III) /True copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge, Dindigul.

2. The Judicial Magistrate, Judicial Magistrate Court, Nilakottai

3. The Inspector of Police, Batlagundu Police Station, Nilakottai Taluk, Dindigul District.

+1cc to Mr.B.Chandran,Advocate,SR.No.57199 Crl.O.P.(MD)No.6274 of 2017 24.05.2017 AKV/RM KK/MR/SAR3/15.06.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/