Shackrediesh v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD).No.13815 of 2018 Shackrediesh : Petitioner / Accused No.1 Vs.

State represented by its The Sub Inspector of Police, Anjugramam Police Station, (Crime No.75 / 2018), Kanyakumari District. : Respondent / Complainant PRAYER: Petition filed under Section 439(1)(b) of Cr.P.C. to modify the order of the learned Additional District and Sessions Judge, Nagercoil made in Crl.M.P.No.2198 of 2018 dated 05.06.2018 in so far as the conditional appearance imposed on the petitioner to appear before the learned Judicial Magistrate No.1, Thirunelveli and to direct the petitioner to appear before any one of the learned Judicial Magistrates, Nagercoil, Kanyakumari District. For Petitioner : Mr.R.Jeyaraj For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side)

ORDER

The petitioner was granted anticipatory bail by the learned Sessions Judge, Nagercoil. The petitioner could not comply with the condition. Therefore, he applied for condonation of the same. The same was condoned and the petitioner was directed to appear before the learned Judicial Magistrate No.I, Tirunelveli daily twice at 10.30 a.m. and 05.00 p.m.. Again this also was not complied with by the petitioner. Therefore, he is before this Court for modification. 2.The learned counsel appearing for the petitioner submits that the petitioner is a plumber and he is unable to comply with the said condition. He is however ready to appear before the learned Judicial Magistrate Courts at Nagercoil.

3.Since the economic difficulty is pleaded, this Court takes an indulgent view and allows this Criminal Original Petition by permitting the petitioner to appear before the learned Judicial Magistrate No.I, Nagercoil daily at 10.30 a.m. until further orders. https://hcservices.ecourts.gov.in/hcservices/

4.This Criminal Original Petition is allowed accordingly. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) To:

1. The Additional District and Sessions Judge, Nagercoil.

2. The Judicial Magistrate No.I, Thirunelveli.

3. The Judicial Magistrate No.I, Nagercoil.

4. The Sub Inspector of Police, Anjugramam Police Station, Kanyakumari District.

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

+1CC to Mr.R.Jeyaraj, Advocate, SR.No.77076 Crl.O.P.(MD).No.13815 of 2018 03.08.2018 TSG ES/SKN/RSK/SAR 4/10.08.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/