IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2017 CORAM THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.2400 of 2017 R.Deva Kumar ... Petitioner Vs State rep. by :
The Inspector of Police, J-11, Kannagi Nagar Police Station, Chennai, Crime No159/2016 ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition as and when required for interrogation instead of appear before the respondent police daily at 10.00 a.m., for a period of 30 days in Crl.M.P.No.318 of 2017 on the file of the Judicial Magistrate, Alandur, dated 25.01.2017.
For Petitioner : Mr.K.Thenrajan For respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to modify the condition imposed on the petitioner that the petitioner shall appear before the respondent police daily at 10.00 a.m., for a period of 30 days in Crl.M.P.No.318 of 2017 dated 25.01.2017 by the learned Judicial Magistrate, Alandur.
2. It is the case of the petitioner that he has filed a petition in C.M.P.No.318 of 2017 before the learned Judicial Magistrate, Alandur, seeking bail and the Judicial Magistrate, Alandur, by an order dated 25.01.2017, granted bail to the petitioner on certain conditions. One of the condition is that the petitioner shall appear before the respondent police daily at 10.00 a.m., for a period of 30 days. Hence, seeking modification of the said condition, the petitioner has come up with the present petition.
3. The learned counsel for the petitioner submits that since the petitioner apprehends harassment by the respondent police, seeks modification to appear before the learned Judicial Magistrate, Alandur.
4. The learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioner.
5. Hence, the condition imposed on the petitioner in C.M.P.No.318 of 2017 dated 25.01.2017, viz., the petitioner shall appear before the respondent police daily at 10.00 a.m., for a period of 30 days, is hereby modified as follows:-
“ The petitioner shall appear before the Judicial Magistrate, Alandur, daily at 10.30 a.m., on all working days, for a period of two weeks. “ The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.
06.02.2017 Index:Yes/No mrp
Note : Issue order copy on 08.02.2017
To
1. The Judicial Magistrate, Alandur.
2. The Inspector of Police, J-11, Kannagi Nagar Police Station, Chennai
3. The Public Prosecutor, High Court, Chennai.
V.BHARATHIDASAN, J.
mrp Crl.O.P.No.2400 of 2017 DATED: 06.02.2017