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Madras High CourtCRL OP(MD)/13726/2024ordered

Ravichandran v. The Sub Inspector Of Police

2024-08-21Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 21/08/2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ravichandran ... Petitioner/Petitioner Vs The Sub Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District.

Crime No. 62/2024..

... Respondent/Respondent Prayer: This Criminal Original Petition has been filed under Section 483(1)(b) of BNSS, 2023 to Modify the condition imposed as exempt the petitioner to produce the passport before the Learned District Munsif cum Judicial Magistrate, Thiruppathur and the petitioner daily report before the respondent police instead of the petitioner shall surrender his original passport before the Principal District Munsif-cum-Judicial Magistrate, Thirupathur and stay at Dindigul District and sign before the Chinnalapatti Police Station daily at morning 10.00 am and evening 5.00 pm for 30 days as per the order order in Crl.M.P.No.2070 of 2024, dated 07.08.2024 on the file of the Principal Sessions Judge, Sivagangai.

For Petitioner : Mr.P.Aju Tagore, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for modification of the conditions imposed while granting the anticipatory bail in Crl.M.P.No.2070 of 2024, dated 1/4

07.08.2024 on the file of the Principal Sessions Judge, Sivagangai.

2. The first condition is to stay away at Dindigul and report before the Chinnalapatti Police station twice a day. The learned counsel prays that it would be difficult for the petitioner to comply with the said condition imposed. . Taking into consideration that there was also an earlier offence under Section 307 IPC and there was an imminent likelihood of again both groups clashing, the same cannot be modified. However, considering the fact that the situation has diffused the petitioner, the petitioner shall stay at Dindigul and sign before the Chinnalapatti Police Station twice a day at 10.00 am and 5.00 pm for a period three weeks, from the date of receipt of a copy of this order and thereafter, the condition will stand relaxed.

3. The second condition for which modification sought for is the requirement of surrendering the passport, the prayer is opposed by the learned Additional Public Prosecutor appearing for the respondent Police on the ground that the petitioner is likely to proceed to Dubai or other Middle East countries for work and if it goes, he will not return for 2-3 years and the case will be pending. The learned counsel for the petitioner is not in a position to refute the same. But at the same time, if the petitioner's avocation is in abroad he cannot be detained for long also.

4. The learned Additional public prosecutor submits that the investigation is almost completed and the charge sheet will be filed within three weeks from the date 2/4

of receipt of a copy of this order. As and when the charge sheet is filed, the trial court is requested to take up the same for expeditious disposal.

5. With the above observations, this Criminal original Petition is disposed of. Time is extended for one week from the date of receipt of a copy of this order to furnish the surety.

sd/- 21/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE PRINCIPAL SESSIONS JUDGE SIVAGANGAI.

2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUPPATHUR 3 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

4 THE SUB INSPECTOR OF POLICE KANDAVARAYANPATTI POLICE STATION, SIVAGANGAI DISTRICT.

3/4

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

COPY TO THE INSPECTOR OF POLICE, CHINNALAPATTI POLICE STATION.

+1 CC to M/s.P.AJUTAGORE, Advocate ( SR-10236[I] dated 21/08/2024 )

ORDER

IN CRL OP(MD) No.13726 of 2024 Date :21/08/2024 PSP/ GS /SAR /03.09.2024/ 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4