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Madras High CourtCRL OP(MD)/9697/2019ordered

Elaiyaraja v. The Inspector Of Police

2019-07-09Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9697 of 2019 Elaiyaraja, S/o.Chinnadurai, Pattidevanpatti, Thoothukudi District.

... Petitioner/Petitioner Vs State Represented by The Inspector of Police, Pudur Police Station, Thoothukudi District, Cr No. 22/2019.

... Respondent/Respondent For Petitioner : M/s.R.Murugan, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.439(1)(b)of Cr.P.C PRAYER :- To Modify the condition imposed upon the Petitioner in Cr. M.P NO. 2311 of 2019 dated 10.06.2019 on the file of the Learned Sessions Judge, Mahalir Neethimandram, Thoothukudi and pass such and other order as this Honourable Court may deem fit in the proper and circumstances of the case.

ORDER : The Court Made the following order :- This petition has been filed to modify the condition imposed on the petitioner in CRL M.P.No.2311 of 2019.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the petitioner has submitted that the

petitioner was granted bail by the learned Principal Sessions Judge, Thoothukudi on 10.06.2019, with a direction to appear before the respondent police daily at 10.00.am., for a period of one month from the date of his release. He further submitted that when the petitioner went to the respondent police station to comply with the condition, the respondent police did not allow the petitioner to comply with the conditions and threatened him by saying that they will implicating him in some other cases. He further submitted that he is ready to comply with the conditions before the learned Judicial Magistrate, Vilathikulam.

3.The learned Government Advocate (Criminal Side) has submitted that the petitioner has complied the condition on 20.06.2019 and 21.06.2019. He further submitted that the respondent police did not threaten the petitioner. Hence she opposed to modify the said condition.

4.Taking into consideration the fact and circumstances of the case and also considering the submissions made on both side, this Court is inclined to modify the condition that the petitioner shall appear before the Deputy Superintendent of Police, Vilathikulam daily at 10.30.am for a period of one month.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) TO 1.The Deputy Superintendent of Police, Vilathikulam.

2.The Inspector of Police, Pudur Police Station, Thoothukudi District.

Copy to:

1.The Judicial Magistrate, Vilathikulam.

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

+1cc to Mr.R.MURUGAN, Advocate, SR.No. 11290

ORDER

IN CRL OP(MD) No.9697 of 2019 Date : 09/07/2019 DAS KK/SAR/19.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/