K. Karuppaiah v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN CRL.O.P.(MD)Nos.7029, 7030, 7031 and 7032 of 2017 1.K.Karuppiah 2.K.Arumugam .. Petitioners/Petitioners/ A1 and A2 in all petitions Vs.

State represented through The Inspector of Police, Anna Nagar (Crime) Police Station, Madurai.

(In Cr.No.412 of 2017) (In Cr.No.413 of 2017) (In Cr.No.449 of 2017) (In Cr.No.249 of 2017) .. Respondent/Complainant in all petitions Common Prayer:- Civil Revision Petitions are filed under 439(1)(b) of Code of Criminal Procedure, to modify the conditions imposed on the petitioners in Crl.M.P.No.1094, 1097, 1095 and 1096 of 2017, dated 11.04.2017, by the learned Judicial Magistrate No.VI, Madurai with a direction to the petitioners to appear before the learned Judicial Magistrate No.VI, Madurai.

For Petitioners : Mr.C.M.Arumugam in all petitions For Respondent : Mr.C.Ramachandran Additional Government Pleader in all petitions COMMON ORDER The petitions are filed to modify the bail conditions imposed on the petitioners while granting bail in Crime Nos.249, 449, 412 and 413 respectively, for the alleged offence under Section 379 of IPC., by the learned Judicial Magistrate No.VI, Madurai.

2. According to the petitioners, in Crime No.249 of 2017, the learned Magistrate granted bail on 11.04.2017 with condition that the petitioners should report before the respondent police daily for 15 days and in other three cases, the petitioners should report before the Investigation Officer on alternate days. While so, the petitioners were reporting before the respondent police as per the bail order till 19.05.2017. When they went to the police station on 20.05.2017, they were intercepted by some un-known https://hcservices.ecourts.gov.in/hcservices/

persons from entering into the police station for reporting before the respondent police. Therefore on that day they were not able to comply the condition. On the next day also they were again threatened, since then they were not able to comply the condition as imposed by the Trial Court. Therefore they seek modification before the Trial Court. The learned Magistrate has not entertained the application for modification on the premise that he has no power to modify the bail order.

3. This Court does not agree with the said observation of the learned Magistrate. However, since some inability and difficulties expressed by the petitioners to comply the conditions, on the other hand to ensure their presence for investigation, the bail order is modified to the effect that the petitioners shall report before the learned Judicial Magistrate No.I, Sivagangai daily at 10.30 a.m., until further orders.

4.These petitions are ordered accordingly.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.VI, Madurai.

2.The Chief Judicial Magistrate, Madurai.

3.The Judicial Magistrate No.I, Sivagangai.

4.The Chief Judicial Magistrate, Sivagangai 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.C.M.Arumugan,Advocate,SR.60080 Crl.O.P.(MD)Nos.7029, 7030, 7031 and 7032 of 2017 12.06.2017 PJL KK/KKR/SAR3/28.06.2017/3P-7C/ https://hcservices.ecourts.gov.in/hcservices/