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Madras High CourtCRL OP(MD)/15995/2023ordered

Manokaran v. The Forest Range Officer

2023-09-04Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) DATED: 04.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Manokaran ... Petitioner / Accused Vs.

State through The Forest Range Officer, Forest Ranger Police Station, Srivillipudur.

(In WLOR.No.10 of 2023.) ... Respondent/Complainant PRAYER : Criminal Original Petition is filed under Sections 439(1)(b) r/w 482 of Cr.P.C, to set aside the dismissal order of the relaxation petition in Crl.M.P.No.4392 of 2023 and consequently, pass an order to relax the condition imposed in Crl.M.P.No.5083 of 2023 dated 05.06.2023 on the file of the Judicial Magistrate Court No.II, Srivillipudur.

For Petitioner :

Mr.R.Babu Jaganath, Advocate For Respondent :

Mr.S.Manikandan Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking to set aside the dismissal order of the relaxation petition in Crl.M.P.No.4392 of 2023 and consequently, pass an order to 1/4

relax the condition imposed in Crl.M.P.No.5083 of 2023 dated 05.06.2023 on the file of the Judicial Magistrate Court No.II, Srivilliputhur. 2.The learned counsel for the petitioner submitted that while granting anticipatory bail by the order dated 05.06.2023 passed in Crl.M.P.NO.5083 of 2023, the learned Judicial Magistrate No.II, Srivilliputhur, imposed condition upon the petitioner to appear before the respondent police daily twice. The petitioner has complying the condition regularly and he prayed for relaxation of the said condition. Seeking relaxation of the above said condition, the petitioner has filed a petition before the learned Judicial Magistrate No.II, Srivilliputhur, the same was dismissed. Again he filed Cr.M.P.No.4392 of 2023 before the learned Principal District and Sessions Judge, Virudhunagar, the same was also dismissed. Against which this petition has been filed.

3.The learned Government Advocate (Crl. Side) submitted that the petitioners have been complying with the condition regularly and investigation is still pending. 4.Taking into consideration of the submissions made by both the counsels, the order passed by the learned Principal District and sessions Judge, Virudhunagar District in Cr.M.P.No.4392 of 2023 is hereby set aside and the condition imposed by the learned Judicial Magistrate No.II, Srivilliputhur, in Cr.M.P.No.5083 of 2023, dated 05.06.2023, is relaxed and the petitioner shall report before the respondent 2/4

police as and when required for interrogation. 5.Accordingly, this criminal original petition stands allowed. sd/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To 1.The Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur.

2.The Judicial Magistrate No.II, Srivilliputhur.

3.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

4.The Forest Range Officer, Forest Ranger Police Station, Srivillipudur.

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

+1CC to M/s.R.BABU JAGANATH, Advocate, SR-41466(F), dated 04.09.2023. 3/4

ORDER

IN CRL OP(MD) No.15995 of 2023 Date :04/09/2023 ED/VR/SAR- (13/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4