Shakeel Ahamed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/10/2023

CORAM

The Hon`ble Mr.Justice V. SIVAGNANAM Shakeel Ahamed ... Petitioner / Accused No.2 Vs State represented by The Inspector of Police, Sivakasi East Police Station Virudhuangar District (Crime No.292/2023).

... Respondent / Complainant PRAYER : This Criminal Original Petition has been filed under Section 439(1)(B) of Cr.P.C to set aside the condition imposed by the learned Principal District and Sessions Judge, Srivilliputhur in Cr.M.P.No.5108 of 2023 dated 29.09.2023 and consequently relax the condition totally.

For Petitioner :

M/s.S.M.A.Jinnah, Advocate.

For Respondent :

Mr.R.Suresh Kumar Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to set aside the condition imposed by the learned Principal District and Sessions Judge, Srivilliputhur in 1/4

Cr.M.P.No.5108 of 2023 dated 29.09.2023 and consequently relax the condition totally.

2. The petitioner was granted anticipatory bail by the Principal District and Sessions Judge, Srivilliputhur in Cr.M.P.No.5108 of 2023 dated 29.09.2023 with a condition to report before the learned Judicial Magistrate No.I, Madurai daily at 10.00 am., until further orders and thereafter he has filed an application for relaxing the condition however the learned Sessions Judge has modified the condition directing the petitioner to appear before the respondent police weekly twice on every Monday and Friday at 10.00 am., until further orders and thereafter he was complying with the conditions regularly. He would further submit that the petitioner is the resident of Vellore District and he is a driver by profession and he has take care of his family, hence he is unable to comply with the conditions, hence he has filed the present petition.

3. The learned Government Advocate(Crl.Side) did not raise any serious objections in modifying the condition.

4. Considering the facts and circumstances of the case and also considering the nature of allegations levelled against the petitioner, the condition imposed on the petitioner directing him to to appear before the respondent police weekly twice on every Monday and Friday at 10.00 am., until further orders is modified to the effect 2/4

that the petitioner shall report before the learned Judicial Magistrate No.II, Sivakasi on the first working day of every English Calendar Month @ 10.30 am., until further orders.

sd/- 11/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV To 1.The Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur.

2.The Judicial Magistrate No.II, Sivakasi.

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

4.The Judicial Magistrate No.I, Madurai.

5.Do through the Chief Judicial Magistrate, Madurai District.

6.The Inspector of Police, Sivakasi East Police Station, Viruthunagar District.

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

ORDER

IN CRL OP(MD) No.18062 of 2023 Date :11/10/2023 ED/JGB/SAR- (16/10/2023) 4P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4