B. Gopal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Sixteenth day of February Two Thousand and Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2752 of 2016 1 B. GOPAL 2 S. GANESAN 3 G. BALAMURUGAN 4 S. PANCHAVARNAM ... PETITIONERS Vs THE INSPECTOR OF POLICE FORT (LAW AND ORDER) POLICE STATION, TRICHY, (CR NO. 41 OF 2016).
... RESPONDENTS Petition filed under section 439(i)(b) of Cr.PC and praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to call for the records relating for the Cr.M.P.No.387 of 2016 from the file of the Principal Sessions Court, Trichy and allow this Criminal Original Petition and set aside the order passed by the learned Principal Sessions Judge in Cr.M.P.No.387 of 2016 dated 05.02.2016 and modify the condition imposed in Cr.M.P.No.147 of 2016 dated 12.01.2016 and to grant extension of time to comply the condition.
ORDER: This petition coming on for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.R.Sreenivasan, Advocate for the petitioner and of Mr.K.V.Rajarajan, Government Advocate(Crl.Side) for the respondent,the court made the following order:
The petitioners herein were arrested and granted bail by the learned Principal Sessions Judge, Tiruchirappalli, vide Order dated 12.01.2016, in Cr.M.P.No.147 of 2016, on condition that they should report before the respondent Police daily at 10.00 a.m., until further orders.
2. According to the petitioners, when they went to Fort (Law and Order) Police Station, Trichy / respondent herein, for reporting in compliance of the bail condition, they were ill-treated by the SubInspector of Police and therefore they filed an application, in Crl.M.P.No.387 of 2016, before the Court below, seeking modification of the condition to the effect that to report before any other Police Station other than the respondent Police. The learned Public Prosecutor submitted that the petitioners had not complied with the condition even for a single day. The learned Principal Sessions Judge, after hearing both sides, by Order dated 05.02.2016, dismissed the application stating that if there is any grievance against the Police, the petitioners have to seek remedy through proper forum.
3. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) appearing for the State. https://hcservices.ecourts.gov.in/hcservices/
4. Taking into consideration the nature of allegations made in the F.I.R., against the petitioners, this Court is inclined to modify the condition to the effect that the petitioners shall report before the learned Judicial Magistrate No.I, Tiruchirappalli, daily at 10.30 a.m., until further orders. Accordingly, this criminal original petition is disposed of.
sd/- Assistant Registrar(Records) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
To 1.
THE JUDICIAL MAGISTRATE NO.I, TIRUCHIRAPPALLI. 2.
THE PRINCIPAL SESSIONS JUDGE,TIRUCHIRAPPALLI. 3 THE INSPECTOR OF POLICE FORT (LAW AND ORDER) POLICE STATION, TRICHY.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S M.R.SREENIVASAN Advocate SR.No.9521
ORDER
IN CRL OP(MD) No.2752 of 2016 Date :16/02/2016 PA/SK-SKN/SAR I/24.02.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/