Selvam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH IN CRL OP(MD) No.17065 of 2024 SELVAM ... PETITIONER/ACCUSED RANK No.4 Vs THE STATE OF TAMILNADU REP BY THE INSPECTOR OF POLICE, DEVADANAPATTI POLICE STATION, THENI DISTRICT.

CRIME NO.237/2024.

... RESPONDENT/COMPLAINANT 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 imposed by this Honble Court in Crl.O.P.(MD).No.17065 of 2024 vide order dated 14.10.2024 by permitting the petitioner to appear before the Inspector of Police Station, District Crime Branch Police Station, Theni, Theni District instead of appearing before the respondent police station and the petitioner shall report before the respondent police daily 10.30 am for a period of three weeks and thereafter, as and when required for interrogation.

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 Mr.D.RAJABOOPATHY, Advocate for the petitioner and of Mr.A.ALBERT JAMES, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:- 1/4

This Criminal Miscellaneous Petition has been filed seeking modification of condition imposed by this Court in Crl.O.P(MD) No.17065 of 2024. 2.The main ground that has been raised by the petitioner is that he was arrested and remanded to judicial custody in another case in Cr.No.43 of 2023. In that case, he has filed a petition for bail in Crl.O.P(MD) No.17884 of 2024 and he was enlarged on bail by order, dated 19.10.2024. He was directed to report before the DCB Police Station, Theni daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required.

3.In the light of the above condition imposed, the petitioner was not in a position to report before the respondent Police in this case daily at 10.30 a.m., as was directed by this Court in Crl.O.P(MD) No.17065 of 2024. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police on instructions submitted that in this case, the petitioner has not complied with the condition even for a single day. However, in the case which is investigated by the DCB Police Station in Cr.No.43 of 2023, the petitioner has complied with the condition for 16 days.

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5.Taking into consideration of the facts and circumstances of the case and in the light of the above submission, the condition imposed by this Court in Crl.O.P (MD) No.17884 of 2024, dated 19.10.2024 is relaxed and the petitioner shall report before the DCB Police station as and when required. Insofar as Crl.O.P(MD) No.17065 of 2024, the petitioner shall start complying with the condition as directed by this Court in paragraph No.5(ii) from Friday (ie., 15.11.2024) onwards. 6.Accordingly, this Criminal Miscellaneous Petition is disposed of in the above terms.

sd/- 12/11/2024 / TRUE COPY / 14/11/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM, THENI DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, DEVADANAPATTI POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE INSPECTOR OF POLICE STATION, DISTRICT CRIME BRANCH POLICE STATION, THENI, THENI DISTRICT

ORDER

IN IN CRL OP(MD) No.17065 of 2024 Date :12/11/2024 SS/SAR- /14/11/2024/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4