Madras High CourtCRL OP(MD)/13046/2022modified

Pandian v. The Sub Inspector Of Police

2022-07-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD)No.13046 of 2022 1.Pandian 2.Nanthini ... Petitioners Vs.

State represented by Sub Inspector of Police, Rayappanpatti Police Station, Theni District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 r/w 439 (1)(b) of Cr.P.C, to modify the condition as to appear before the Gudalur North Police Station instead of appear before the Theni Police Station imposed by the learned Principal Sessions Judge, Theni in Cr.M.P.No. 2309 of 2022 dated 30.06.2022.

For Petitioner : Mr.S.Sundarapandian For Respondent : Mr.Mr.M.Vaikkam Karunanithi Government Advocate(Crl.side)

ORDER

This petition has been filed to modify the condition imposed on the petitioners in Cr.M.P.No.2309 of 2022 dated 30.06.2022.

2. The learned counsel for the petitioners submitted that the petitioners have filed modification petition before the learned Principal Sessions Judge, Theni in Cr.M.P.No.2579 of 2022 and the same was dismissed on 14.07.2022 without any valid ground. He further submitted that the first petitioner is working as driver at Tamil Nadu State Express Transport Corporation, Madurai to Chennai. Therefore, due to his daily duty, the first petitioner is unable to comply with the condition imposed in Cr.M.P.No.2309 of 2022 dated 30.06.2022. The second petitioner is also having three years old child. Hence, they seeks to modify the said condition.

3. Heard the learned Government Advocate(Crl.side) appearing for the respondent police.

4. Considering the submission made by the learned counsel for the petitioners, this Court is inclined to modify the said condition imposed in Cr.M.P.No.2309 of 2022 dated 30.06.2020 to the effect that the petitioner shall appear before the Inspector of Police, Gudalur North Police Station, Gudalur daily at 10.30 a.m., until further orders. 20.07.2021 tta

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.Sub Inspector of Police, Rayappanpatti Police Station, Theni District.

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

G. ILANGOVAN, J.

tta Crl.O.P.(MD)No.13046 of 2022 20.07.2022