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Madras High CourtCRL OP(MD)/21906/2022ordered

Prabakaran @ Prabu v. The Sub Inspector Of Police

2022-12-12Honourable Mr Justice A.D.Jagadish Chandira6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2022 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.21906 of 2022 Prabakaran

...Petitioner

-vsThe State represented by The Sub Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

(in Cr.No.448 of 2022)

...Respondent

PRAYER: Criminal Original Petition filed under Section 439(1b) r/w Section 482 of Cr.P.C, praying to modify the condition imposed by the Judicial Magistrate No.II, Kovilpatti, in Crl.M.P.No.11877 of 2022 order, dated 01.11.2022 as far as concern to appear and sign before the respondent Police station daily at 10.30 am period of 15 days in Cr.No.448 of 2022 on the file of the respondent police. For Petitioner : Mr.V.Palpandi For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor **** 1/6

O R D E R

This petition has been filed seeking to modify the condition imposed by the learned Judicial Magistrate No.II, Kovilpatti, in Crl.M.P.No.11877 of 2022, dated 01.11.2022 insofar as the condition to appear and sign before the respondent Police station daily at 10.30 am for a period of 30 days in Cr.No.448 of 2022 on the file of the respondent police.

2.The learned Counsel for the petitioner would submit that the petitioner was arrayed as an accused in Cr.No.276 of 2022 registered on the file of the Ramanathapuram Bazar Police Station for the offence punishable under Sections 392 and 414 of IPC and was granted bail in Cr.M.P.No.3681 of 2022 by the learned Judicial Magistrate No.I, Ramanathapuram, on 07.10.2022 on condition to report before the Court concerned for a period of 15 days daily at 10.00 am.

3.He would also submit that the petitioner was also arrayed as an accused in Cr.No.448 of 2022 on the file of the Kovilpatti West Police Station for the offence punishable under Section 394 of IPC and was granted bail by the learned Judicial Magistrate No.II, Kovilpatti, 2/6

on condition that the petitioner shall appear before the respondent Police daily at 10.30 am for a period 30 days. 4.The learned Counsel for the petitioner would further submit that the petitioner was also an accused in Cr.No.113 of 2022 on the file of the Appanthirupathy Police Station, for the offence punishable under Sections 392 @ 392, 414 and 34 of IPC and was granted bail by the learned Judicial Magistrate No.V, Madurai on condition that the petitioner shall appear before the Police Station concerned daily at 10.00 am for a period of one week.

5.He would further submit that the petitioner has complied with the condition imposed on him insofar as Cr.No.113 of 2022 on the file of the Appanthirupathy Police Station, concerned. Now, the petitioner has to comply with the conditions to appear before the Kovilpatti West Police Station with regard to Cr.No.448 of 2022 as well as to appear before the Court concerned in respect of Cr.No.276 of 2022 on the file of the Ramanathapuram Bazar Police Station, and thereby, seeking modification.

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6.The learned Additional Public Prosecutor would submit that as far as the condition imposed by the learned Judicial Magistrate-I, Ramanathapuarm is concerned, the petitioner has been asked only to appear before Court concerned. He would further submit that the learned Judicial Magistrate No.II, Kovilpatti, has imposed condition on the petitioner to appear before the Kovilpatti West Police Station everyday at 10.30 for a period of 30 days and he would submit that the petitioner may be directed to comply with the condition imposed by the learned Judicial Magistrate No.II, Kovilpatti in respect of Cr.No.448 of 2022.

7.In view of the submissions made on either side, the condition imposed by the learned Judicial Magistrate-I, Ramanathapuram, in Cr.M.P.No.3681 of 2022, dated 07.10.2022 is totally relaxed the petitioner is directed to comply with the condition imposed by the learned Judicial Magistrate No.II, Kovilpatti and directed to appear before the Kovilpatti West Police Station everyday at 10.30 am for a period of 15 days.

8.With the above modification, this Criminal Original Petition is disposed of.

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9.Post the matter for reporting compliance on 03.01.2023. 12.12.2022 Index:Yes/No Note: Issue order copy by 13.12.2022 cmr To 1.The Sub Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

2.The Judicial Magistrate-I, Ramanathapuram.

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

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A.D.JAGADISH CHANDIRA, J.

cmr CRL.O.P(MD)No.21906 of 2022 12.12.2022 6/6