Durairaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN CRL OP(MD) No.6933 of 2021 DURAIRAJ ... PETITIONER/PETITIONER Vs THE STATE REP.BY THE INSPECTOR OF POLICE COMMERCIAL BRANCH INVESTIGATION WING, THANJAVUR DISTRICT.

CRIME NO.4 OF 2014. ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition imposed by this Honble Court dated 04.06.2021 in Crl.OP.(MD).No.6933 of 2021 in regarding for(a) appearance of the petitioner before the learned Judicial Magistrate No.4,Thanjavur,and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand Only] with two sureties each for a like sum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts and (b) for appearance of the petitioner before the Judicial Magistrate No.4, Thanjavur during every date of hearing without fail and (c) in regarding for directing the Judicial Magistrate No.4, Thanjavur instead of Judicial Magistrate Pattukottai to complete the proceedings in C.C.No.222 of 2016 within a period of six months from the date of receipt of a copy of this order.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.R.VENKATESAN, Advocate for the petitioner and of Mr.P.KOTTAI CHAMY, Government Advocate(crl.side) on behalf of the Respondent the court made the following order:- This petition has been filed to modify the condition imposed by this Court in Crl.O.P.(MD) No.6933 of 2021 on 04.06.2021. 2.The learned counsel appearing for the petitioner would submit that this Court, vide order dated 04.06.2021 in Crl.O.P.(MD) 1/3

No.6933 of 2021, granted anticipatory bail to the petitioner on condition that petitioner shall appear before the learned Judicial Magistrate No.IV, Thanjavur and execute fresh personal bonds for a sum of Rs.5,000/- with two sureties each for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further condition that the petitioner shall report before the learned Judicial Magistrate No.IV, Thanjavur, during every date of hearing without fail. This Court also directed the learned Judicial Magistrate No.IV, Thanjavur, to complete the proceedings in C.C.No.222 of 2016, within a period of six months from the date of receipt of a copy of the order. Originally, the Jurisdictional Court of the respondent Police is Judicial Magistrate No.IV, Thanjavur, but, the trial is commencing at Judicial Magistrate, Pattukottai and now only, the petitioner came to know about the same. Therefore, he seeks for modification of the above conditions.

3.Heard the learned Government Advocate(Criminal Side) appearing for the State.

4.Considering the submissions made by the learned counsel for the petitioner, this petition is allowed and the conditions of executing fresh personal bond before the Judicial Magistrate No.IV, Thanjavur and appearance of the petitioner before the learned Judicial Magistrate No.IV, Thanjavur alone are modified to the effect that the petitioner shall appear before the learned Judicial Magistrate, Pattukottai and execute fresh personal bonds for a sum of Rs.5,000/- with two sureties each for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the receipt of a copy of this order and the petitioner shall report before the learned Judicial Magistrate, Pattukottai, during every date of hearing without fail. The learned Judicial Magistrate, Pattukottai, is directed to complete the proceedings in C.C.No.222 of 2016, within a period of six months from the date of receipt of a copy of the order. Other conditions imposed on the petitioner remain unaltered.

sd/- 05/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE NO.IV THANJAVUR.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE JUDICIAL MAGISTRATE PATTUKOTTAI.

4.THE INSPECTOR OF POLICE COMMERCIAL BRANCH INVESTIGATION WING, THANJAVUR DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL OP(MD) No.6933 of 2021 Date :05/08/2021 SA/JC/SAR.4/16.08.2021/3P/6C 3/3