← Library
Madras High CourtCRL OP(MD)/8639/2024dismissed

Johnson @ John Seviar v. The Inspector Of Police

2024-06-13Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI Johnson Xavier ... Petitioner Vs.

State By The Inspector of Police, Melur PEW Police Station, Madurai District.

Crime No.781 of 2022 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 r/w 439(1)(b) of the Code of Criminal Procedure, to modify the condition No.(1) "the petitioner shall appear and sign before the Inspector of Police, Melur PEW Police Station, daily at 10.00 a.m. for the period of 30 days" imposed against the petitioner on granting bail in Crl.M.P.No. 287 of 2024 dated 11.01.2024 pending before the learned Principal Sessions Judge, Madurai.

For Petitioner : Mr.R.Thamaraiselvan For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. side) 1/4

ORDER

The petitioner has filed this application to modify the condition imposed by the learned Principal Sessions Judge, Madurai, in Crl.M.P.No.287 of 2024.

2.The learned counsel for the petitioner submits that the trial court while granting bail to the petitioner in Crl.M.P.No.287 of 2024 in connection with Crime No.781 of 2022 has imposed a condition that the petitioner has to report before the respondent daily at 10.30 a.m. He further submits that the petitioner has involved in yet another case in Crime No.306 of 2018 and he has already moved an application before the Principal Bench of this Court in Crl.O.P.No.5288 of 2024 seeking modification of condition. This Court, in the Principal Seat, by order dated 08.04.2022 modified the condition and directed the petitioner to report before the learned Judicial Magistrate No.I, Ariyalur daily at 10.30 a.m. for the period of one month. In view of this condition imposed by the Principal Seat of this Court in Crl.O.P.No.5288 of 2024, the petitioner is not in a position to comply with the condition imposed by the learned Principal Sessions Judge, Madurai, in Crl.M.P.No.287 of 2024.

2/4

3.This Court considered the rival submissions of the learned counsel for the petitioner.

4.It appears that by referring to this condition in both cases, the petitioner has not appeared either before the learned Judicial Magistrate No.I, Ariyalur or before the respondent police. 5.Hence, this Court is not inclined to entertain this petition and the same is accordingly dismissed.

13.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No sji To 1.The Principal Sessions Judge, Madurai.

2.The Judicial Magistrate No.I, Ariyalur.

3.The Inspector of Police, Melur PEW Police Station, Madurai District.

3/4

B.PUGALENDHI , J.

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

13.06.2024 4/4