Madras High CourtCRL OP(MD)/13155/2021ordered

Bala Murugan v. The Inspector Of Police

2021-09-08Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P.(MD) No.13155 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2021

CORAM

THE HON'BLE Mr.Justice B.PUGALENDHI Crl.O.P.(MD) No.13155 of 2021 Balamurugan ... Petitioner/Accused -VsThe State Rep by its Inspector of Police, District Crime Branch, Tirunelveli.

... Respondent/Complainant (In Cr.No.21 of 2019) Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to modify the condition imposed against the petitioner in Crl.M.P.No.6288 of 2021, dated 04.08.2021 on the file of the Judicial Magistrate-I, Tirunelveli. For Petitioner : Mr.S.Sivakumar For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition is filed to modify the condition imposed against the petitioner in Crl.M.P.No.6288 of 2017, dated 04.08.20121 on the file of the learned Judicial Magistrate-I, Tirunelveli.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

3. The case of the petitioner is that he was arrayed as an accused in Crime No.21 of 2019 on the file of the respondent police for the offence under Sections 406 & 420 of I.P.C. He moved the bail application in Crl.M.P.No.6288 of 2021 before the file of the learned Judicial Magistrate-I, Tirunelveli. While granting bail, the learned Judge imposed a condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until furthers.

4. The grievance of the petitioner is that the petitioner has nothing to do with the alleged offence and he has been falsely implicated in this case. In fact, the petitioner was working in South Korea and selling corn. The present complaint is nothing but a cooked up and foisted case and therefore, he has come forward with the present petition seeking modification of the condition imposed by the Court below.

https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD) No.13155 of 2021 5.Considering the facts and circumstances of the case, the Condition imposed by the learned Judicial Magistrate-I, Tirunelveli in Crl.M.P.No.6288 of 2021 is modified to the effect that the petitioner shall appear before the Inspector of Police, Puthukadai Police Station daily at 10.30 a.m., until further orders.

6. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm To:

1.The Judicial Magistrate-I, Tirunelveli.

2.The Inspector of Police, District Crime Branch, Tirunelveli.

3.The Inspector of Police, Puthukadai police Station, Kanniyakumari District.

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

+1 CC to M/s.S.SIVA KUMAR, Advocate ( SR-28726[F] dated 09/09/2021 ) Crl.O.P.(MD) No.13155 of 2017 08.09.2021 RD(29.09.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/