Arunachalam v. The Sub Inspector Of Police

CRL MP(MD) No.7379 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.7379 of 2022 IN CRL OP(MD) No.9719 of 2022 ARUNACHALAM ... PETITIONER / PETITIONER Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE THALAMUTHUNAGAR POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.179 OF 2022 ... 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 Hon`ble Court in Crl.O.P.(MD) No.9719 of 2022, Dated 01.06.2022 as directing the petitioner to appear before the any other Police Station within Thoothukudi District at 10.30 AM for the period of one month. 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.N.ANANDAKUMAR, Advocate for the petitioner and of MR.R.SIVA KUMAR, Government Advocate on behalf of the Respondent, the court made the following order:- This petition is filed by the petitioner to modify the condition imposed by this Court in Crl.O.P.(MD)No.9719 of 2022 dated 01.06.2022.

2.The petitioner herein has filed a petition for anticipatory bail in Crl.O.P.(MD)No.9719 of 2022. This Court has allowed the petition with condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required.

3.On the side of the petitioner, it is stated that the petitioner is a retired Sub Inspector of Police. There was a quarrel between the complainant and the petitioner herein. The petitioner has lodged a complaint before the respondent police against the defacto complainant. But the respondent police did not https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.7379 of 2022 take any action on the petition of the petitioner. The petitioner sent an advocate notice to the respondent herein on 06.05.2022. Immediately, the respondent registered a false case against the petitioner herein. The dispute between the petitioner and the defacto complainant is regarding a land. The civil case ended in favour of the petitioner, upto the Hon'ble Apex Court. There is every possibility of the respondent to register a second complaint against the petitioner and to arrest the petitioner and pray the condition to be modified. So that the petitioner can appear before some other police station.

4.On the side of the respondent it is stated that on 13.06.2022, the petitioner produced the sureties but he failed to comply the condition. It was the petitioner and his advocate who threatened a Woman Sub Inspector of Police and that the allegations levelled against the respondent is not correct. 5.In view of the above submission made by both the parties, this Court is of the view that the condition is to be modified. The petitioner is hereby directed to appear before the learned Judicial Magistrate No.II, Tuticorin, daily at 10.30 a.m., until further orders.

6.Accordingly, this petition is ordered.

sd/- 04/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TUTICORIN.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

3 THE SUB INSPECTOR OF POLICE THALAMUTHUNAGAR POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL MP(MD) No.7379 of 2022 IN CRL OP(MD) No.9719 of 2022 Date :04/07/2022 PNN MK/VR/SAR.I/06.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2