Madras High CourtCRL MP(MD)/11850/2024modified

Rajesh v. The State Of Tamil Nadu

2024-11-08Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN CRL OP(MD) No.15085 of 2024 RAJESH ... Petitioner / Petitioner Vs THE INSPECTOR OF POLICE, AMBASAMUTHIRAM POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 148/2024) ... Respondent / Respondent Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition as to sign before the respondent police as an when required instead of sign before the responent Police daily at 10.30 a.m. for the period of 45 days in Crl.O.P(MD).No.15085 of 2024 dated 11.09.2024. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.S.MUNIYANDI, Advocate for the petitioner and of Mr.P.KOTTAICHAMY, Government Advocate (Crl. side) on behalf of the Respondent, the Court made the following order:- This petition is filed to modify the condition imposed on the petitioner in Crl.O.P.(MD)No.15085 of 2024 dated 11.09.2024.

2. The learned counsel appearing for the petitioner submits that this Court, by 1/3

order dated 11.09.2024 in Crl.O.P.(MD)No.15085 of 2024, granted anticipatory bail to the petitioner, with a condition that he shall appear before the respondent Police daily at 10.30 a.m. Pursuant to the same, the petitioner is also complying with the said condition for the past 26 days. Therefore, he has filed this petition seeking modification of the said condition.

3. The learned Government Advocate (Crl. Side) fairly submits that the petitioner is complying with the said condition for the past 26 days. However, he requests for a direction to the petitioner to comply with the said condition for some more days in order to collect further evidence.

4. Earlier, this Court after considering the facts and circumstances of the case and also considering the report filed by the respondent Police, granted anticipatory bail to the petitioner with the abovesaid condition. Purusant to the same, the petitioner is complying with the condition for 26 days. Further, the petitioner is a resident of Kerala. Though he appeared before the respondent Police for 26 days, the respondent Police has not taken any steps to collect evidence on those days.

5. Therefore, this petition is allowed and the condition imposed on the petitioner in Crl.O.P(MD) No.15085 of 2024 is modified to the effect that the petitioner is directed to report before the respondent police as and when required for interrogation.

sd/- 08/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY To 1.The Judicial Magistrate, Ambasamuthiram.

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2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Amabasamuthiram Police Station, Tirunelveli District.

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

+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-13731[I] dated 08/11/2024 )

ORDER

IN IN CRL OP(MD) No.15085 of 2024 Date :08/11/2024 ED/ GSV /SAR- (20/11/2024) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3