Jothibasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.20196 of 2016 Jothibasu : Petitioner/ Accused No.2 Vs.

State through by The Inspector of Police, K.K.Nagar (Crime) Police Station, Trichy District.

(Crime No.204 of 2016) : Respondent/ Complainant Prayer: Criminal Original Petition is filed under Section 439(1) (b) of the Criminal Procedure Code praying to modify the condition to appear before the Judicial Magistrate, Keeranoor instead of to appear and sign before the respondent police daily at 10.00 a.m. and 05.00 p.m. until further order in Crl.M.P.No.4281 of 2016, dated 06.09.2016 on the file of the learned Judicial Magistrate No.II, Trichy and allow this petition.

For Petitioner : Mr.R.Maheswaran For Respondent : Mr.A.P.Balasubramani, Government Advocate (Crl.side).

O R D E R

This petition has been filed praying to modify the condition with regard to appearance before the respondent police, imposed on the petitioner in the order, dated 06.09.2016 passed in Cr.M.P.No.4281 of 2016 by the learned Judicial Magistrate No.II, Trichy.

2.It is averred in the petition that the petitioner has been arrayed as an accused in Crime No.204 of 2016 on the file of the respondent police for the offence punishable under Section 379 IPC and he was arrested and remanded to judicial custody on 08.07.2016. The petitioner has moved a petition before the learned Judicial Magistrate No.II, Trichy in Cr.M.P.No.4281 of 2016 for bail and the learned Judicial Magistrate No.II, Trichy, after hearing both sides, granted bail to him with certain conditions vide order dated 06.09.2016 and one of the said

conditions is that the petitioner should report and sign before the respondent police daily at 10.00 a.m. and 05.00 p.m. until further orders.

3.The learned counsel for the petitioner submitted that the petitioner is unable to comply with the condition to appear before the respondent police as he is facing five cases in different crime numbers and that he has been granted the relief of bail in all the five cases and therefore he may be permitted to sign before the learned Judicial Magistrate, Keeranoor, as there is a dispute between the petitioner and the police and the police is foisting false cases against the petitioner.

4.Refuting the above said submission, the learned Government Advocate (Crl.Side) submitted that the petitioner is a habitual offender and he has involved in several cases and the present cases numbering is an ample proof to dispute the contentions made on the side of the petitioner and therefore the condition imposed on the petitioner requires no interference. 5.Since the learned Judicial Magistrate No.II, Trichy granted bail to the petitioner, he will have to comply with the conditions imposed on him. Considering the fact that he is facing five cases in different crime numbers, the condition imposed on the petitioner with regard to appearance before the respondent police, by the learned Judicial Magistrate No.II, Trichy, is modified to the effect that the petitioner shall report and sign before the learned Judicial Magistrate, Alangudi daily at 10.30 a.m. until further orders and the other conditions remain unchanged and this Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar smn To 1.The Judicial Magistrate No.II, Trichy 2 The Judicial Magistrate, Alangudi

3.The Inspector of Police, K.K.Nagar (Crime) Police Station, Trichy District.

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

JAM/16.11.16/CK/ 3p-5c ORDER MADE IN Crl.O.P(MD)No.20196 of 2016 (5/5) 21.10.2016