Mohammed Yasin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2024

CORAM

THE HONOURABLE Mr.JUSTICE A.A.NAKKIRAN Crl.O.P(MD).No.10025 of 2024 1.Mohammed Yasin 2.Sabeerkhan @ Mohammed Sabeerkhan 3.Avinash .. Petitioners/Accused Nos.8, 9 & 17 Vs The State through, The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

Crime No.126 of 2024.

.. Respondent/Complainant Prayer:

Criminal Original Petition filed under Section 439(i) (b) of Cr.P.C., to modify the conditional order imposed in Crl.M.P(MD)No.1917 of 2024 dated 05.06.2024 passed by the learned Principal Sessions Judge, Ramanathapuram, that the petitioners shall stay at Krishnagiri District and shall report and sign before the learned Judicial Magistrate No.II, Hosur daily twice at 10.30 a.m and 05.00 p.m until further orders and on further condition that he shall make available themselves for interrogation as and when required by the investigation officer so as to comply with the said condition.

For Petitioners : Mr.J.Vishnu, Advocate For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to modify the condition imposed in Crl.M.P(MD) No.1917 of 2024 dated 05.06.2024 on the file of learned Principal Sessions Judge, 1/4

Ramanathapuram, that the petitioners shall stay at Krishnagiri District and shall report and sign before the learned Judicial Magistrate No.II, Hosur daily twice at 10.30 a.m and 05.00 p.m until further orders and on further condition that he shall make available themselves for interrogation as and when required by the investigation officer so as to comply with the said condition. 2.The petitioners was enlarged on bail in Crl.M.P(MD)No.1917 of 2024 dated 05.06.2024 on the file of the learned Principal Sessions Judge, Ramanathapuram, on certain conditions, one of which is follows:

"[1] The petitioners shall stay at Krishnagiri District and shall report and sign before the learned Judicial Magistrate No.II, Hosur daily twice at 10.30 a.m and 05.00 p.m until further orders and on further condition that he shall make available themselves for interrogation as and when required by the investigation officer so as to comply with the said condition."

3.The learned counsel for the petitioners submitted that the petitioners are residing at Ramanathapuram District. The distance between the Ramanathapuram District and the Krishnagiri District is 455 km. The petitioners are daily wages. Due 2/4

to financial crisis, they are not able to comply with the above said condition. Hence, he prayed for modification of the aforesaid condition.

4. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent. 5.Considering the submission made by the learned counsel for the petitioners, the aforesaid condition is modified to the effect that, "the petitioners shall appear before the respondent police as and when required for interrogation". Rest of the conditions shall remain the same.

6.With the above modification, this petition is ordered accordingly. sd/- 08/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

dss To

1. THE PRINCIPAL SESSIONS JUDGE, RAMANATHAPURAM 3/4

2. THE JUDICIAL MAGISTRATE NO.II, HOSUR 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KRISHNAGIRI

4. THE INSPECTOR OF POLICE, R.S.MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.10025 of 2024 Date :08/07/2024 RK/GS (19/07/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4