D.Arunkumar 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.20222 of 2016 D.Arunkumar : Petitioner Vs.

State rep. by The Inspector of Police, Koodakovil Police Station, Madurai District.

(Crime No.111 of 2016) : Respondent Prayer: Criminal Original Petition is filed under Section 439(1) (b) of the Criminal Procedure Code praying to modify the condition imposed in Cr.M.P.No.4858 of 2016, dated 05.10.2016 on the file of the Principal Sessions Judge, Madurai.

For Petitioner : Mr.C.Asaithambi 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 imposed on the petitioner in the order dated 05.10.2016 passed in Cr.M.P.No.4858 of 2016 by the learned Principal Sessions Judge, Madurai.

2.It is averred in the petition that the petitioner has been arrayed as an accused in Crime No.111 of 2016 on the file of the respondent police for the offences punishable under Sections 294(b), 420 and 506(ii) IPC and he was arrested and remanded to judicial custody on 26.09.2016. The petitioner has moved a petition before the learned Principal Sessions Judge, Madurai in Cr.M.P.No.4858 of 2016 for bail and the learned Principal Sessions Judge, Madurai, after hearing both sides, granted bail to him with certain conditions vide order dated 05.10.2016 and one of the said conditions is that the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of 30 days. As per the said order, the petitioner executed sureties before the learned Judicial Magistrate, Thirumangalam and released on bail and he was complying with the condition on 07.10.2016.

3.The learned counsel for the petitioner submitted that the petitioner is a native of K.Pudur, Madurai City and he is preparing https://hcservices.ecourts.gov.in/hcservices/

for the competitive examination and he is facing difficulties in signing before the respondent police daily and therefore, the condition imposed on the petitioner by the learned Principal Sessions Judge, Madurai, may be modified.

4.The learned Government Advocate (Crl.Side) submitted that after considering the facts and circumstances of the case, the learned Principal Sessions Judge, Madurai, granted bail to the petitioner with a specific condition to appear before the respondent police daily 10.00 a.m. for a period of 30 days and the same requires no interference.

5.From the materials available on record, it is seen that the learned Principal Sessions Judge, Madurai, granted bail in favour of the petitioner with a specific condition to appear before the respondent police daily at 10.00 a.m. for a period of 30 days and he was complying with the condition on 07.10.2016. 6.Considering the above said facts, this Court is inclined to modify the said condition to the effect that the petitioner shall report before the Inspector of Police, K.Pudur Police Station, Madurai daily at 10.00 a.m. for a period of 30 days and the other conditions remain unchanged and the Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar smn To 1.The Principal Sessions Judge, Madurai.

2 The Judicial Magistrate, Thirumangalam.

3.The Inspector of Police, Koodakovil Police Station, Madurai District.

4 The Inspector of Police, K.Pudur Police Station, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.C.Asathambi, Advocate Sr.No.62636 GJM/DB/9.11.16-2p-7c ORDER MADE IN Crl.O.P(MD)No.20222 of 2016 21.10.2016 https://hcservices.ecourts.gov.in/hcservices/