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Madras High CourtCRL OP(MD)/14851/2023modified

Sathya v. The Inspector Of Police

2023-08-16Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14851 of 2023 Sathya ... Petitioner/ Accused Vs State represented by The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

Crime No.177 of 2022.

... Respondent/Complainant Prayer:

This Criminal Original Petition is filed under Section 482 of Cr.P.C., to modify the condition No.(iii) imposed in Cr.M.P.No.9676 of 2023 dated 24.07.2023 on the file of the learned Principal Sessions Judge, Tirunelveli. For Petitioner : M/s.A.Mohamed Hasim , Advocate For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed seeking modification of the order dated

24.07.2023 passed by the Principal Sessions Judge, Tirunelveli, Cr.M.P.No.9676 of 2023.

2. The petitioner was released on bail by the learned Principal Sessions Judge, Tirunelveli in Cr.M.P.No.9676 of 2023 dated 24.07.2023 for the offences under Sections 147, 148, 294(b), 307 and 506(ii) of IPC in Crime No.177 of 2022, with a condition to stay at Virudhunagar and sign before the Virudhunagar East Police Station daily at 10.00 a.m., until further orders.

3. The learned counsel for the petitioner further submits that the petitioner is facing charges in another case in Crime No.337 of 2022 for the offences under Sections 147, 148, 294(b), 353, 307 and 506(ii) of IPC and Section 25(1) of Arms Act, 1959 and Section 8(c) r/w 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act. The petitioner was granted bail in this case also, by this Court in Crl.O.P.(MD)No.9424 of 2023 vide order dated 21.06.2023, with a condition to sign before the trial Court, that is the learned Principal Special Court for Trial for NDPS Act Cases, Madurai, daily at 10.30 a.m., until further orders.

4. The learned counsel for the petitioner would submit that the petitioner could not appear before two places at the very same time, ie., as per the orders of Principal

Special Judge for Trial of NDPS Act Cases, Madurai in Crime No.337 of 2022 and the learned Principal Sessions Judge, Tirunelveli and seeks any of the condition imposed by the Courts to be modified.

5. Considering the submissions of the learned counsel for the petitioner, the condition imposed in Cr.M.P.No.9675 of 2023 by the learned Principal Sessions Judge, Tirunelveli, is modified that to the effect that the petitioner can appear before the respondent police on every Sunday, until further orders.

6. With this modification, this Criminal Original Petition is ordered. sd/- 16/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 THE PRINCIPAL SESSIONS JUDGE, TIRUNELVELI.

2 THE PRINCIPAL SPECIAL JUDGE FOR TRIAL OF NDPS ACT CASES, MADURAI.

3 THE JUDICIAL MAGISTRATE NO.I MADURAI.

4 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

5 THE INSPECTOR OF POLICE VASUDEVANALLUR POLICE STATION, TENKASI DISTRICT 6 THE INSPECTOR OF POLICE, VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR.

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

ORDER

IN CRL OP(MD) No.14851 of 2023 Date :16/08/2023 SS/BUC/22/08/2023/4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023