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Madras High CourtCRL OP(MD)/18515/2021dismissed

Saravanan @ Saravanapandiyan v. The Inspector Of Police

2021-12-09Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.18515 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2021 PRESENT THE HON`BLE MR.JUSTICE G.ILANGOVAN CRL OP(MD). No.18515 of 2021 Saravanan @ Saravanapandiyan, S/o. Singamuthu, ... Petitioner/Petitioner Vs The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

(Cr.No.622 of 2021.) ... Respondent/Respondent For Petitioner : M/s.Banumathy A, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR Modification Under Sec.482 of Cr.P.C r/w 439(i)(b) PRAYER :- To modify the conditional order passed by the Learned Principal District and Sessions Judge, Pudukottai in Crl.MP.No.4518 of 2021 dated 10.11.2021 on a condition that the Petitioner shall appear and sign before the Judicial Magistrate No.I, Rameswaram, daily at 10.30 am and 5.00 pm until further orders. ORDER : The Court made the following order :- This petition has been filed to modify the condition passed by the learned Principal District and Sessions judge, Pudukottai in Crl.M.P.No.4518 of 2021 dated 10.11.2021, on a condition that the petitioner shall appear and sign before the Judicial Magistrate No.1, Rameswaram daily at 10.30 a.m., and 5.00 p.m until further order.

2.The learned counsel for the petitioner submitted that the petitioner is residing in Pudukottai District and the condition imposed on the the petitioner the he shall appear and sign before the Judicial Magistrate No.1, Rameswaram daily at 10.30 a.m., and 5.00 p.m until further order. The distance between Pudukottai and Rameshwarm is more than 180 Kms. Hence, he seeks modify the condition.

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CRL OP(MD). No.18515 of 2021 3.

Per contra, the learned Government Advocate would submit that due to previous motive, the petitioner along with other accused attacked the defacto complainant and caused grievous injuries to him. Therefore, he vehemently opposed to modify the condition imposed by the Court below.

4.Considering the facts and circumstance of this Case, this Court is not inclined to modify the condition that has been imposed upon the petitioner in Crl.M.P.No.4518 of 2021 dated 10.11.2021. Accordingly, this Criminal Original Petition is dismissed and the petitioner is directed to approach the concerned Court for modification.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Principal District and Sessions Judge, Pudukottai.

2.The Judicial Magistrate No.I, Rameswaram, 3.The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.18515 of 2021 Date : 09/12/2021 NSN(CO) GC(23.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2