Madras High CourtCRL OP(MD)/2757/2016disposed of

B. Selvaraj v. The Inspector Of Police

2016-02-16Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2757 of 2016 B. SELVARAJ ... PETITIONER/PETITIONER Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE FORT (LAW AND ORDER), POLICE STATION, TRICHY.

CRIME NO. 41 OF 2016 ... RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to call for the records relating to the Cr.M.M.Mo. 386 of 2016 from the file of the Principal Sessions Court, Trichy and allow this criminal original petition and set aside the order passed by the Learned Principal Sessions Judge in Cr.M.P.No. 386 of 2016 dated 05.02.2016 and modify the condition imposed in Cr.M.P.No. 172 of 2016 dated 21.01.2016 and to grant extension of time to comply the condition and to pass such further or other orders as this Honourable Court may deem fir and proper in the Circumstances of the case and thus render judtice.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S M.R.SREENIVASAN, Advocate for the petitioner and of MR.K.V.RAJARAJAN,, Government Advocate (Crl.side) on behalf of the Respondents the court made the following order:- The petitioner herein was granted anticipatory bail by the learned Principal Sessions Judge, Tiruchirappalli, vide Order dated 21.01.2016, in Cr.M.P.No.172 of 2016, on condition that he should report before the respondent Police daily at 10.00 a.m., until further orders.

2. According to the petitioner, when he went to Fort (Law and Order) Police Station, Trichy / respondent herein, for reporting in compliance of the bail condition, he was ill-treated by the SubInspector of Police and therefore he filed an application, in Crl.M.P.No.386 of 2016, before the Court below, seeking modification of the condition to the effect that to report before any other Police Station other than the respondent Police. The learned Public https://hcservices.ecourts.gov.in/hcservices/

Prosecutor submitted that the petitioner had not complied with the condition even for a single day. The learned Principal Sessions Judge, after hearing both sides, by Order dated 05.02.2016, dismissed the application stating that if there is any grievance against the Police, the petitioner has to seek remedy through proper forum.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the State.

4. Taking into consideration the nature of allegations made in the F.I.R., against the petitioner, this Court is inclined to modify the condition to the effect that the petitioner shall report before the learned Judicial Magistrate No.I, Tiruchirappalli, daily at 10.30 a.m., until further orders. Accordingly, this criminal original petition is disposed of.

sd/- 16/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE,TRICHY.

2 THE JUDICIAL MAGISTRATE NO.I,TIRUCHIRAPPALLI. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,TIRUCHIRAPPALLI. 4 THE INSPECTOR OF POLICE,FORT (LAW AND ORDER), POLICE STATION, TRICHY.

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

CSL/SKS-RR/AR-I/23.02.2016/2P/6C

ORDER

IN CRL OP(MD) No.2757 of 2016 Date :16/02/2016 https://hcservices.ecourts.gov.in/hcservices/