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Madras High CourtCRL OP(MD)/584/2024modified

Bharathiraja v. The Sub Inspector Of Police

2024-01-11Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Bharathiraja ... Petitioner Vs.

The Sub-Inspector of Police, Illupur Police Station, Pudukkottai District.

(Crime No.229 of 2023) ... Respondent PRAYER : Criminal Original Petition filed under Section 439(1)(b) r/w 482 of the Code of Criminal Procedure, to modify the condition imposed in Crl.M.P.No.105207 of 2023 dated 07.10.2023 passed by the learned Principal District and Sessions Judge, Pudukkottai insofar as the condition directing the petitioner shall appear and sign before the Sessions Judge, POCSO Court, Srivilliputhur daily at 10.30 am., for a period of one month.

For Petitioner : Mr.R.Muthukumaran For Respondent : Mr.SS.Madhavan, Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed to modify the condition imposed in Crl.M.P.No.105207 of 2023 dated 07.10.2023 passed by the learned Principal District and Sessions Judge, Pudukkottai insofar as the condition directing the petitioner shall appear and sign before the Sessions Judge, POCSO Court, Srivilliputhur daily at 10.30 am., for a period of one month.

2.The learned counsel appearing for the petitioner would submit that the petitioner herein is an accused in Cr.No.229 of 2023, which was registered for the offence punishable under Sections 379 IPC r/w Section 21(1), 21(2) of the Mines and Minerals (Development and Regulation )Act. Therefore, he filed anticipatory bail before the Court below in Crl.M.P.No.105207 of 2023 and the same was allowed on 07.10.2023 with a condition that the petitioner should appear and sign before the learned Sessions Judge, POCSO Court, Srivilliputhur daily at 10.30 am., for a period of one month. He would further submit that the petitioner is the resident of Pudukottai and he has avocation in the 2/4

locality and because of the condition imposed by the Court below, the petitioner is not in a position to continue his avocation. Therefore, he prayed to modify the above said condition.

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 and considering the fact that the petitioner is the resident of Pudukottai District and he has avocation in the same locality, the condition imposed by the Court below is hereby modified to the effect that the petitioner shall report before the respondent police daily at 10.30 am., until further orders. Accordingly, this criminal original petition is allowed. 11.01.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns 3/4

M.DHANDAPANI ,J.

gns To 1.The Principal District and Sessions Judge, Pudukkottai.

2.The Sub-Inspector of Police, Illupur Police Station, Pudukkottai District.

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

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