Madras High CourtCRL OP(MD)/22553/2018ordered

Vannimuthu v. The Inspector Of Police

2018-12-20Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.(MD).No.22553 of 2018 Vannimuthu .. Petitioner/Petitioner Vs.

State rep. by The Inspector of Police, Ervadi Durgah Police Station, Ramanathapuram District.

(Crime No.103 of 2018) .. Respondent/Respondent PRAYER: This Criminal Original Petition has been filed under Section 439 (1)(b) of Criminal Procedure Code, to modify the condition No.'a' [i.e., directing the petitioner to report before the Dindigul Town - North Police Station, daily at 10.00 a.m. until further orders] made in the bail order, dated 06.12.2018 in Cr.M.P.No.2296 of 2018 on the file of the Principal District and Sessions Judge, Ramanathapuram.

For Petitioner : Mr.R.Boominathan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the petitioner seeking to modify the condition No.'a' [i.e., directing the petitioner to report before the Dindigul Town - North Police Station, daily at 10.00 a.m. until further orders] made in the bail order, dated 06.12.2018 in Cr.M.P.No.2296 of 2018 on the file of the Principal District and Sessions Judge, Ramanathapuram.

2.The learned counsel for the petitioner submits that the petitioner was arrested in Crime No.103 of 2018 on 14.11.2018. After 22 days of incarceration he was released on bail on 06.12.2018 by the Principal District and Sessions Judge, Ramanathapuram. In the bail order one of the condition is that the petitioner to report before the Dindigul Town North Police Station daily at 10.00 a.m. until further orders.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel further submits that after execution of sureties, the petitioner has been complying with the condition from

07.12.2018. There is only civil dispute between the parties and the injury caused is only simple injury. The petitioner being a senior citizen aged about 62 years have now been made to stay at a place 200 kilo meters far away from his place and to comply the condition. Since there is no relatives in Dindigul and being a senior citizen, it is very difficult to the petitioner to arrange food and shelter for himself. The learned counsel also submits that the petitioner is ready to appear before the respondent police instead of Dindigul Town North police station.

4.Considering the facts and circumstances of the case and submissions made by the learned counsel for the petitioner, the condition is modified to the effect that the petitioner is directed to appear before the respondent police daily at 10.00 a.m. until further orders instead of Dindigul Town North Police Station. Other conditions imposed are remain unchanged.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Principal District and Sessions Judge, Ramanathapuram.

2. The Inspector of Police, Ervadi Durgah Police Station, Ramanathapuram District.

3. The Inspector of Police, Dindigul Town North Police Station, Dindigul.

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

+ 1 CC TO Mr.M.S.JEYAKARTHIK, ADVOCATE IN SR No. 101486 TM TE/SV/SAR-4 : 28/12/2018 : 2P/6C Crl.O.P.(MD).No.22553 of 2018 20.12.2018 https://hcservices.ecourts.gov.in/hcservices/