← Library
Madras High CourtCRL OP(MD)/10255/2019ordered

Solai v. The Inspector Of Police

2019-07-22Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.10255 of 2019

1. Solai, S/o.Chinnan @ Chinnaiah, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

2. Periyasamy,, S/o.Chinnakalai, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

3. Subbu,, S/o.Chinnaiah, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

4. Subbu, S/o.Alagappan,, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

5. Ganesan, S/o.Chinnakaruppan,, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

6. Arumugam, S/o.Chinnaiah,, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

7. Backiam, S/o.Chinnakaruppan,, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

8. Periyasamy, S/o.Mani,, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

9. Marimuthu,, S/o.Periyakaruppan, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

10. Sanker,, S/o.Pichan, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

11. Subramanian, S/o.Nelliyan,, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

12. Seker, S/o.Raman,, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

13. Moorthy, Vaiyandi,, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

14. Muthukumar, S/o.Solai,, Valayer South Street, Kottaiyur, Karaikudi Taluk, Sivagangai District..

... Petitioners/Accused Vs The Inspector of Police, Pallathur Police Station, Sivagangai District (Cr.No.53/2019).

... Respondent/Complainant For Petitioners : M/s.M.Ramu, Advocate.

For Respondent : Ms.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.439(i)(b) of Cr.P.C PRAYER :- To modify the 2nd condition imposed by the District and Sessions Court, Sivagangai in Crl.MP.No.1337 of 2019 dated 24.06.2019 to the effect that the petitioners shall be permitted to report before the respondent police.

ORDER : The Court Made the following order :- This petition has been filed to modify the 2nd condition imposed by the learned District and Sessions Judge, Sivagangai in Crl.MP.No.1337 of 2019 dated 24.06.2019.

2. The learned counsel for the petitioners would submit that learned District and Sessions Judge, Sivagangai has granted bail to the petitioners in Crl.M.P.No.1337 of 2019 on 24.06.2019(in Crime No.53 of 2019) directing the petitioners to appear and sign before the Judicial Magistrate No.I Ramanathapuram daily at 10.30 a.m on

all working days until further orders. He further submitted that this Court has granted bail to the petitioners in Crl.O.P(MD) No.9545 of 2019 on 08.07.2019 (in Crime No.51 of 2019) directing the petitioners to appear before the respondent police daily at 10.30 a.m for a period of one month and thereafter as and when required for interrogation. Hence they are not able to comply with the conditions imposed by the learned District and Sessions Judge, Sivagangai in Cr.M.P.No.1337 of 2019 on 24.06.2019(in Crime No.53 of 2019). Hence he requested to modify the condition to the effect that the petitioners shall report before the respondent police intune with the condition imposed by this Court in Crl.O.P(MD) No.9545 of 2019 on 08.07.2019 (in Crime No.51 of 2019.

3. The learned Government Advocate(Crl.side) did not raise objection in modifying the said condition.

4. Considering the aforesaid submissions, the condition imposed by the learned District and Sessions Judge, Sivagangai in Cr.M.P.No.1337 of 2019 on 24.06.2019(in Crime No.53 of 2019) is modified to the effect that the petitioners shall report before the respondent police daily at 10.30 a.m for a period of one month and thereafter as and when required for interrogation. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) TO

1. The District Sessions Judge, Sivaganagai.

2. The Judicial Magistrate, No.I, Ramanathapuram

3. Do-Through The Chief Judicial Magistrate, Ramanathapurm District.

4. The Inspector of Police, Pallathur Police Station, Sivagangai District (Cr.No.53/2019).

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

+1cc to Mr.N.RAMU,Advocate, SR.No.76732 AAV ORDER IN CRL OP(MD) No.10255 of 2019 Date : 22/07/2019 NA (29.07.2019) 3P : 7C