Petitioner seeking modification of anticipatory bail condition regarding appearance before police station. Court rejected plea as investigation remains pending with respondent police station.
Policy to modify bail condition to appear at Choolaimedu Police Station instead of Mukkudal Police Station was denied.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Wednesday, the Third day of August Two Thousand Sixteen
PRESENT
The Hon`ble Ms.Justice V.M.VELUMANI
CRL MP(MD) No.5961 of 2016 IN CRL OP(MD) No.9564 of 2016
S. RAJENDRAN NATH @ RAJENDRAN NATHAN ... PETITIONER / PETITIONER
Vs
THE INSPECTOR OF POLICE MUKKUDAL POLICE STATION, MUKKUDAL, TIRUNELVELI DISTRICT. IN CRIME NO. 56 OF 2016
... RESPONDENT / RESPONDENT
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition in Crl.O.P.(MD) No. 9564 of 2016 dated 30.06.2016 with a condition to the Inspector of Police, Sulaimedu Police Station, Chennai instead of respondent police
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.KRISHNAN, Advocate for the petitioner and of Mr.K.ANBARASAN, Government Advocate (Crl. Side) on behalf of the Respondent, the court made the following order:-
This petition has been filed praying to modify the condition imposed on the petitioner, with regard to appearance before the respondent police, in Crl.O.P(MD)No.9564 of 2016, dated 30.06.2016, by this Court.
2.The learned counsel for the petitioner submitted that the petitioner has been granted anticipatory bail with certain conditions and the petitioner has been directed to appear before the respondent police daily at 06.30 p.m. until further orders. The petitioner is a resident of Chennai and the petitioner's residency is coming under the purview of Choolaimedu Police Station Limit and therefore he prays for modification to the effect that he shall appear before the Inspector of Police, Choolaimedu Police Station, Chennai instead of the respondent police.
3.Heard the learned Government Advocate (Criminal side). https://hcservices.ecourts.gov.in/hcservices/
4.Considering the facts and circumstances of the case and also
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considering the fact that the case is pending on the file of the respondent police and investigation is pending, the reasons putforth on the side of the petitioner are not acceptable and therefore this Court is not inclined to modify the condition and accordingly, this petition is dismissed.
sd/-
Sub-Assistant Registrar (C.S.)
Madurai - 625 023.
TO
ORDER
IN
CRL MP(MD) No.5961 of 2016
IN
CRL OP(MD) No.9564 of 2016
Date :03/08/2016
smn
SH/SK-SKN/SAR-I:09.08.2016:2P/5C
2 issues framed by the court
Whether the condition to appear before the respondent police should be modified to direct appearance before the police station in the petitioner's place of residency.
Whether the reasons put forth by the petitioner are acceptable given the investigation is pending at the respondent police station.
S. Rajendran Nath @ Rajendran Nathan
The Inspector of Police Mukkudal Police Station
V.M. Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
