Madras High CourtCRL OP(MD)/19380/2021dismissed for default

Maruthupandi v. The Inspector Of Police

2021-12-08Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.19380 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.19380 of 2021 Maruthupandi .. Petitioner/Accused No.4 Vs.

State represented by The Inspector of Police, Vadamadurai Police Station, Dindigul District.

Crime No.784 of 2021 .. Respondent / Complainant PRAYER: Criminal Original Petition is filed under Section 439 (1)(b) r/w 482 of Cr.P.C, to modify the condition No.2 in Cr.M.P.No.3223 of 2021 dated 10.11.2021 imposed by the learned Additional District Munsif-cum-Judicial Magistrate Court, Vedasandur, Dindigul, to the petitioner in connection with Cr.No.784 of 2021 on the file of the respondent police.

For Petitioner : Mr.R.Manikandan For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking modification of the condition No.2 in Cr.M.P.No.3223 of 2021 dated 10.11.2021 imposed by the learned Additional District Munsif-cum-Judicial Magistrate Court, Vedasandur, Dindigul.

2.The grievance of the petitioner is that he is not having any movable property and not having a house and also not having any blood relations. So only on that ground he seeks modification. The learned counsel for the petitioner requested this Court since the accused is not having any movable or immovable property and blood sureties, production of sureties along with the certificate from the Village Administrative Officer concerned and house tax receipt may be ordered to be produced.

3.The petitioner can approach the concerned Court for modification of the above said order setting out all the reasons with relevant documents available with him. Instead of approaching the concerned Court, he has come forward to this Court. It may not be appropriate for this Court to entertain this petition at this stage. If the petitioner approach the trial Court, the trail Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19380 of 2021 may consider this request on the humanitarian ground. 4.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

+1 CC to M/s.P.MANIKANDAN, Advocate ( SR-38382[F] dated 13/12/2021 ) Crl.O.P.(MD)No.19380 of 2021 08.12.2021 NSN(CO) KB(28.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2