B.Thiruselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI B.Thiruselvam ... Petitioner/Petitioner/16th Accused Vs.

State represented by The Inspector of Police, Solavandhan Police Station, Madurai District.

Crime No.197 of 2023.

... Respondent /Respondent PRAYER : Criminal Original Petition filed under Section 482 r/w. 439(1)(b) of the Code of Criminal Procedure, to set aside the condition No.(i) imposed by the learned Principal Sessions Judge, Madurai, in so far as the condition that the petitioner should appear and sign before the Inspector of Police, Contonment Police Station, Tiruchirappalli, daily at 10.00 a.m., for a period of 30 days in Cr.M.P.No.6140 of 2023, dated 31.10.2023.

For Petitioner : Mr.R.Ponkarthikeyan, Advocate For Respondent : Mr.SS.Madhavan, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to set aside the condition No.(i) imposed by the learned Principal Sessions Judge, Madurai, in so far as the condition that the petitioner should appear and sign before the Inspector of Police, 1/3

Contonment Police Station, Tiruchirappalli, daily at 10.00 a.m., for a period of 30 days in Cr.M.P.No.6140 of 2023, dated 31.10.2023. 2.The learned counsel appearing for the petitioner would submit that the petitioner was released on bail by the concerned Court by the order, dated 31.10.2023, on condition to stay at Trichy and appear and sign before the Inspector of Police, Contonment Police Station, Tiruchirappalli, daily at 10.00 a.m., for a period of 30 days. Aggrieved over the onerous condition imposed by the concerned trial Court, this petition has been filed to set aside the same. 3.The learned Government Advocate (Crl.side) appearing for the respondent Police would submit that the Court below, after considering all aspects, rightly imposed the condition, which does not warrant any interference by this Court. 4.

Considering the facts and circumstances of the case, this Court is inclined to modify the condition imposed by the Court below. Accordingly, the condition No.1 imposed by the Court below in Crl.M.P.No.6140 of 2023 dated 31.10.2023 is hereby modified to the effect that "(i) the petitioner is directed to appear and sign before the respondent Police daily at 10.30 a.m., until further orders." All other conditions in the said order, dated 31.10.2023 shall remain unaltered.

5.In the result, this Criminal Original Petition is allowed. sd/- 08/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE PRINCIPAL SESSIONS JUDGE, MADURAI.

2 THE INSPECTOR OF POLICE SHOLAVANDHAN POLICE STATION, MADURAI DISTRICT.

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

COPY TO:

THE INSPECTOR OF POLICE CONTONMENT POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

ORDER

IN CRL OP(MD) No.20257 of 2023 Date :08/01/2024 SS/DD/SAR- /24/01/2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3