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Madras High CourtCRL OP(MD)/21293/2023modified

Ahamed Sharukhan v. The Inspector Of Police

2024-01-08Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Ahamed Sharukhan ... Petitioner/Accused No.10 Vs.

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

Crime No.511 of 2023.

... Respondent /Complainant PRAYER : Criminal Original Petition filed under Section 439(1)(b) of the Code of Criminal Procedure, to modify the II condition imposed for the petitioner herein by the learned Principal District and Sessions Judge, Madurai in Cr.M.P.No.5941 of 2023 dated 16.10.2023.

For Petitioner : Mr.R.Senthilkumar,Advocate For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to modify the II condition imposed on the petitioner herein by the learned Principal District and Sessions Judge, 1/3

Madurai in Cr.M.P.No.5941 of 2023 dated 16.10.2023.

2. The learned counsel appearing for the petitioner would submit that the learned Principal District and Sessions Judge, Madurai, vide Cr.M.P.No.5941 of 2023 dated 16.10.2023, has granted anticipatory bail to the petitioner, on condition that the petitioner shall appear and sign before the respondent police daily at 10.00 a.m., for a period of 30 days. Aggrieved over the said condition, this petition has been filed to modify the same.

3.The learned Government Advocate (Crl.side) appearing for the respondent Police would submit that the Court below, after considering all aspects, has rightly imposed the condition on the petitioner, 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.(ii) imposed by the Court below in Cr.M.P.No.5941 of 2023 dated 16.10.2023 is hereby modified to the effect that "the petitioner is directed to appear before the respondent Police as and when required for interrogation". All other conditions in the said 2/3

order, dated 16.10.2023 shall remain unaltered. 5.Accordingly, 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.

SSB TO THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADURAI.

THE INSPECTOR OF POLICE MATTUTHAVANI POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.21293 of 2023 Date :08/01/2024 PKP/JGB/SAR /24.01.2024/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3