Madras High CourtCRL OP(MD)/14779/2018allowed

Maharaja v. The Inspector Of Police

2018-08-23Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.14779 of 2018 Maharaja ... Petitioner/Accused No.2 Vs.

The Inspector of Police Thalayathu Police Station Tirunelveli District (Cr.No.156 of 2016)

...Respondent/ Respondent

Prayer: This Criminal Original Petition filed under Section 439(1) (b) Cr.P.C. to modify the condition imposed by the court order dated 06.08.2018 in Cr.M.P.No.697 of 2018 as to signed before the respondent police daily at 9.00a.m until further order instead of the petitioner shall appear before the learned Judicial Magistrate Court No.I, Tirunelveli.

For Petitioner : Mr.S.Selvakumar For Respondent : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed aggrieved by the condition imposed by the Court to direct the petitioner to appear before the respondent police daily at 9.00 a.m until further orders.

2. The learned counsel for the petitioner submitted that the charges have already been framed and the case is at the stage of tiral. Therefore the condition imposed by the court below is not reasonable.

3. The learned Additional Public Prosecutor submits that the case is at the stage of trial and as such the condition imposed by the Court below is only due to the reason that the petitioner did not appear before the Court on the hearing date.

4. Taking into consideration the facts and circumtances of the case , the condition imposed by the court below directing the petitioner to appear before the respondent police daily at 9.00 a.m until further orders is hereby set aside and the petitioner is https://hcservices.ecourts.gov.in/hcservices/

directed to appear before the Court below on every hearing date without fail.

5. With the above direction, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Judicial Magistrate No.I Tirunelveli.

2. The Inspector of Police, Thalayathu Police Station, Tirunelveli District.

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

+1CC to Mr.S.Selvakumar, Advocate in Sr.No.79782. AAV DS/SKN/RSK/SAR-4;31.08.2018; 2P/5C Crl.O.P.(MD)No.14779 of 2018 23.08.2018 https://hcservices.ecourts.gov.in/hcservices/