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Madras High CourtCRL MP(MD)/7222/2019modified

Arun Alias Mattukarai Arun v. The Inspector Of Police

2019-08-20Honourable Mr Justice P. Rajamanickam2 pages

CRL MP(MD). No.7222 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 20/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL MP(MD). No.7222 of 2019 in CRL OP(MD). No.8293 of 2019 Arun @ Mattukari Arun ... Petitioner/Accused No.17 Vs State through The Inspector of Police, Anna Nagar Police Station, Madurai.

Crime No.1435/2016 ... Respondent/Complainant For Petitioner : M/s.J.William Christopher, Advocate.

For Respondent : Mrs.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.439(1)b of Cr.P.C PRAYER :- To modify the conditions to report to before any court as this Honorable Court deems fit in Crl. O.P.No.8293/2019 dated 20.06.2019 in connection with S.C.No.494/2016 on the file of the Learned Additional Sessions Judge, Madurai in the interest of justice. ORDER : The Court Made the following order :- The petition has been filed to modify the condition imposed by this Honourable Court in Crl.OP(MD)No.8293/2019 vide order dated 20.06.2019.

2. The learned counsel for the petitioner submitted that the petitioner was granted bail by this Court on 20.06.2019 with a direction 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD). No.7222 of 2019 interrogation. He further submitted that the petitioner was released from prison on 17.07.2019 and appeared before the respondent on the very next day, but the respondent insisted the petitioner to furnish sureties for proceedings under Section 110 Cr.P.C.. He further submitted that the petitioner had undergone a major surgery on his head three years before and he is suffering from giddiness and blindness hence he prays to modify the condition.

3. The learned Government Advocate (Crl. Side) submitted that the petitioner after getting bail the petitioner has not complied with the condition even for a single day. Hence she opposed to modify the said condition.

4. Taking into consideration of the aforesaid fact and also considering the submissions made on both side, this Court is inclined to modify the condition that the petitioner shall appear before the Assistant Commissioner of Police, Anna Nagar, Madurai daily at 10.30 a.m for a period of one month and thereafter shall report before the respondent police as and when required for interrogation.

5. All other conditions imposed by this Court in the said order shall remain unaltered.

sd/- 20/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE VI ADDITIONAL SESSIONS JUDGE, MADURAI.

2.THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI.

3.THE ASSISTANT COMMISSIONER OF POLICE, ANNA NAGAR, MADURAI.

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

+1. C.C. to Mr.J.WILLIAM CHRISTOPHER Advocate SR.No.13930

ORDER

IN CRL MP(MD) No.7222 of 2019 IN CRL OP(MD) No.8293 of 2019 Date :20/08/2019 TK/MMS/SAR.3/26.08.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2