Madras High CourtCRL OP(MD)/11540/2018allowed

Kumar v. The Inspector Of Police

2018-07-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.11540 of 2018 Kumar ... Petitioner Vs.

The State rep. by its The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

(Crime No.210/2018) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439(1)(f) of the Code of Criminal Procedure, 1973 to call for the entire records in relating to the impugned order dated 26.06.2018 made in Crl.M.P.No.2647 of 2018 on the file of the Learned Judicial Magistrate, Sivagiri and to set aside the same. For Petitioners : Mr.M.S.Jeyakarthik For Respondent : Mr.A.Robinson Government Advocate (Crl. Side)

ORDER

The petitioner has come forward with this petition seeking to set aside order dated 26.06.2018 made in Crl.M.P.No.2647 of 2018 on the file of the Learned Judicial Magistrate, Sivagiri. 2.The petitioner was arrested in Crime No.210 of 2018 on the file of the respondent police and released on bail. He was directed to appear before the Koodankulam Police Station daily at 10.30 a.m. The petitioner applied to modify the conditions. The Court below declined to accede to the said request. The counsel for the petitioner submits that the petitioner is physically not in a proper condition and he is unable to travel. Hence, he come forward with this petition.

3.Considering the over all circumstances of the case, this criminal original petition is allowed and the order passed in Crl.M.P.No.2647 of 2018 dated 26.06.2018 on the file of Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Sivagiri is set aside. Condition to appear before the police is modified and totally relaxed.

Sd/ Assistant Registrar(AE) /True copy/ Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate, Sivagiri.

2.The Chief Judicial Magistrate, Tirunelveli. 3.The Inspector of Police, Sivagiri Police Station, Tirunelveli District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.S.JEYAKARTHIK, Advocate, SR.No.12580 Crl.O.P.(MD)No.11540 of 2018 10.07.2018 TM KK/PN/SAR-3/27.07.2018/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/