Madras High CourtCRL OP(MD)/20513/2021ordered

Petchimuthukumar v. The Inspector Of Police

2021-12-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.20513 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20513 of 2021 Petchimuthukumar .. Petitioner/Accused No.5 Vs.

The State rep. by The Inspector of Police, District Crime Branch, Thoothukudi District.

Crime No.11 of 2021 .. Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to modify the condition made in Cr.M.P.No.1567 of 2021, dated 08.04.2021 of directing the petitioner to report daily at 10.00 a.m. for a period of one month before the respondent police forthwith.

For Petitioner : Mr.J.Sankarapandi For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking modification of the condition that has been imposed upon the petitioner by the learned Principal Sessions Judge, Thoothukudi in Cr.M.P.No.1567 of 2021. 2.By the above said order, the petitioner was directed to execute sureties, within a period of fifteen days from the date of receipt of a copy of that order.

3.According to the learned counsel, since the petitioner was not in a position to comply the condition, he has filed a modification petition. Even after filing of modification petition, the respondent police moved Cr.M.P.No.6292 of 2021, before the learned Judicial Magistrate No.IV, Thoothukudi for cancellation of bail. In the meantime, the modification petition filed by the petitioner in Cr.M.P.No.5832 of 2021 came to be dismissed, stating that there was no change of circumstances and not even a single day, the petitioner has complied the condition. 4.The learned counsel for the petitioner submitted that due to pandemic situation only, he was not in position to comply the above said condition. Now he is ready to comply the condition and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20513 of 2021 seeks modification.

5.Considering the facts and circumstances of the case and the request made by the petitioner, this Criminal Original Petition is allowed as prayed for.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 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 Principal District and Sessions Judge, Thoothukudi.

2.The Inspector of Police, District Crime Branch, Thoothukudi District.

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

Crl.O.P.(MD)No.20513 of 2021 23.12.2021 SK(CO) SB(11.01.2022) 3P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2