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Madras High CourtCRL OP(MD)/6520/2023ordered

John Wilzon @ Eze Fidelis Nndubuisi v. The Sub Inspector Of Police

2023-04-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD)No.6520 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.04.2023

CORAM

The Hon`ble Mr.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD)No.6520 of 2023 John Wilzon @ Eze Fidelis Ndubuisi ... Petitioner/Petitioner Vs State Rep.by The Sub-Inspector of Police, Cyber Crime Police, DPO, Thoothukudi, Thoothukudi District.

Crime No.34 of 2022 ... Respondent/Respondent PRAYER:-Criminal Original Petition filed under Section 439(1)(b) of the Criminal Procedure Code, to modify the condition imposed in paragraph No.7 of the order dated 08.03.2023 made in Cr.M.P.No.4121 of 2023 passed by the Judicial Magistrate IV, Thoothukudi. For Petitioner : Mr.B.Janarth Kumar @ Janath Ahmed Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate(Crl.side)

ORDER

This Criminal Original Petition has been filed tomodify the condition imposed in paragraph No.7 of the order dated 08.03.2023 made in Cr.M.P.No.4121 of 2023 passed by the Judicial Magistrate IV, Thoothukudi.

2.The petitioner was remanded to judicial custody for the offence punishable under Sections 419, 420 IPC r/w Section 66D IT Act. Therefore, he filed bail application to release him before the learned Judicial Magistrate No.IV, Thoothukudi. The Court below granted bail to him by imposing some conditions. One of the conditions is that he should be detained at special camp for foreigners at Trichy until further orders. To modify the said condition, the petitioner filed the present petition. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD)No.6520 of 2023 3.Heard both sides and perused the materials available in the record.

4.It is seen that the petitioner is not charged for the offences punishable under provisions of Foreigners Act. That apart the petitioner is ready and willing to surrender his original passport to the credit of Cr.No.34 of 2022.

5.Considering the facts and circumstances of the case, paragraph No.7 of the order dated 08.03.2023 made in Cr.M.P. No.4121 of 2023 passed by the learned Judicial Magistrate IV, Thoothukudi is modified to the effect that the petitioner shall surrender his passport to the credit of Cr.No.34 of 2022 before the learned Judicial Magistrate IV, Thoothukudi. The other conditions imposed on the petitioner are left intact. Accordingly, this criminal original petition is allowed.

sd/- 10/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO

1. The Judicial Magistrate IV, Thoothukudi.

2. Do through the Chief Judicial Magistrate, Thoothukudi.

3. The Sub-Inspector of Police, Cyber Crime Police, DPO, Thoothukudi, Thoothukudi District.

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

+1 CC to M/s.JANARTH KUMAR, Advocate ( SR-5572[I] dated 10/04/2023 )

ORDER

IN CRL OP(MD)No.6520 of 2023 DATE : 10.04.2023 https://www.mhc.tn.gov.in/judis NA/BUC/SAR-4/26.04.2023/2P/6C 2/2