Murugesan v. State Rep by
Case brief
What is this about?
The High Court modified a bail condition imposed by the trial court. The petitioner, arguing innocence and regular compliance, sought to replace a requirement to appear at a police station with one to appear directly before the Judicial Magistrate.
What did the court decide?
The bail condition to appear at the police station was modified to require appearance before the learned Judicial Magistrate-II, Coimbatore, daily at 10.00 a.m.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.12.2018 CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No.28532 of 2018
Murugesan ... Petitioner Vs.
The State rep. by The Inspector of Police, District Crime Branch Coimbatore District. Cr.No.31 of 2018. ... Respondent
Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. praying to modify the condition imposed in Crl.M.P.No.6299 of 2018 dated 28.11.2018 by the learned Judicial Magistrate-II, Coimbatore, from “to appear before the respondent daily at 10.00 a.m until further orders” as to appear before the learned Judicial Magistrate-II, Coimbatore”.
For Petitioner : Mr.A.P.Sathiyamurthy For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor ***** O R D E R
This petition has been filed for modification of the condition imposed by the learned Judicial Magistrate-II, Coimbatore, in Crl.M.P.No.6299 of 2018 dated 28.11.2018.
- The learned counsel for the petitioner would submit that the petitioner was arrested and remanded on 01.11.2018. He would further submit that the petitioner is innocent and has not committed any offence and the charged offence is civil nature. There is a civil suit is pending before civil Court as well before this Court. Further the co-accused were released on bail by this Court. Hence the petitioner prayed to grant bail before the Judicial Magistrate-II, Coimbatore. Unfortunately, the learned trial Judge had imposed the following conditions while granting bail in CMP No.6299 of 2018 dated 28.11.2018:
Issues for consideration
2 issues framed by the court
Whether the condition to appear before the police station daily should be modified to appear before the learned Magistrate.
Whether the petitioner's regular compliance justifies modification of the bail condition.
Parties & counsel
- petitioner
Murugesan
- respondent
The State
Coram
G.K.Ilanthiraiyan
Case details
As recorded by the court registry
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