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Madras High CourtCRL OP(MD)/13908/2023allowed

Pravin @ Brabin v. The Sub Inspector Of Police

2023-08-11Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Pravin @ Brabin ... Petitioner/Petitioner Accused No.17 Vs.

The Sub Inspector of Police, Karungal Police Station, Crime No.194 of 2023 Karungal Police Station, Rep. by P.P. Nagercoil.

... Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to modify the condition No.2 imposed by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil in Crl.M.P.No.3621 of 2023, dated 11.07.2023. For Petitioner : Mr.M.R.Sreenivasan, Advocate For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl. Side) O RDER This petition has been filed seeking to modify the condition No.2 imposed by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil in Crl.M.P.No.3621 of 2023, dated 11.07.2023.

2.The petitioner is accused No.17 in Crime No.194 of 2023 on the file of the respondent police for the offences punishable under Sections 147, 148, 447, 427, 294 (b), 324, 323 and 506(ii) of IPC.

3.While granting anticipatory bail in the above said crime number, vide 1/3

common order, dated 04.07.2023 in Crl.M.P.(MD).Nos.3428 & 3364 of 2023, the trial Court imposed condition upon the petitioners that they shall appear and sign before the learned Judicial Magistrate No.II, Thenkasi, daily twice at 10.30 a.m. and 05.00 p.m., until further orders as condition No.2. 4.Citing various reasons, this petition has been filed seeking modification of the above said condition.

5.Earlier, this Court directed the petitioner to file an undertaking affidavit. He has also filed an undertaking affidavit to the effect that he will not make any trouble to the defacto complainant and abide by the judicial Order. 6.In view of the above said undertaking, this Criminal Original Petition is allowed and the condition No.2 imposed by the trial Court is modified to the effect that the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders.

sd/- 11/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 2/3

To 1 THE PRINCIPAL SESSIONS JUDGE, KANYAKUMARI DISTRICT AT NAGERCOIL.

2 THE JUDICIAL MAGISTRATE NO.II, THENKASI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 4 THE SUB INSPECTOR OF POLICE, KARUNGAL POLICE STATION, NAGERCOIL.

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

+1 CC to M/s.M.R.SREENIVASAN, Advocate ( SR-12233[I] dated 11/08/2023 )

ORDER

IN CRL OP(MD) No.13908 of 2023 Date :11/08/2023 RS/BUC/SAR-(22.08.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3