IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

  Crl.O.P.No.  15813   of   2022

1. Dhanabal
2. Ramesh .. Petitioners

Vs.

State, Represented by

The Additional Superintendent of Police,

The Nilgiris – Sholurmattam Police Station,

(Crime No.158/2017)    .. Respondent

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., seeking to set aside the order passed in Crl.M.P.No.670 of 2022 in Crl.M.P.No.242 of 2022 in Crl.M.P.No.70 of 2022 by an order dated

24.06.2022, on the file of the learned Sessions Judge of the Nilgiris at Udhagamandalam.

For Petitioners                           : Mr.K.Balasubramaniam

For Respondent                                                         :   Mr.E.Raj Thilak

Additional Public Prosecutor

– – – – –

O R D E R

This petition has been filed seeking to set aside the order dated 24.06.2022, passed in Crl.M.P.No.670 of 2022 in Crl.M.P.No.242 of 2022 in Crl.M.P.No.70 of 2022 on the file of the learned Sessions Judge of the Nilgiris at Udhagamandalam.

2. The learned counsel appearing for the petitioners would submit that the petitioners were enlarged on bail with a condition that the petitioners have to stay in Ooty and face the trial. The learned counsel for the petitioners would further submit that there is life threat to the petitioners in Ooty and the respondent police on the pretext of investigation is taking the petitioners to Salem Police Station without informing the local police.  The learned counsel further submitted that for the other accused, already the said condition has been modified. Therefore, he seeks modification of the

condition in its entirety.

3. The learned Additional Public Prosecutor appearing for the respondent police has filed the counter and objected to modifying the bail conditions.
4. Heard the learned counsel appearing for the petitioners and the the learned Additional Public Prosecutor appearing for the respondent.
5. Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side, the condition already imposed on the petitioners to stay in Ooty and sign before the respondent police every Monday is modified however, they are directed to report before the respondent police every fortnight i.e. on 1st and 15th of every month at 10.30 a.m. until further orders. It is also made clear that if the police wants to take the petitioners under custody for investigation, without obtaining necessary orders from the concerned Court, they cannot take the petitioners into custody under the pretext of investigation.
6. With the above modification this Criminal Original Petition is allowed.

20.07.2022

kk

To

1. The Additional Superintendent of Police, Sholurmattam Police Station, The Nilgiris. 2. The Public Prosecutor, Madras High Court.

N.SATHISH KUMAR, J. kk Crl.O.P.No.15813 of 2022

20.07.2022

 

3. It is also made clear that if the police wants to take the petitioners under custody for investigation, without obtaining necessary orders from the concerned Court, they cannot take the petitioners into custody under the pretext of investigation.
4. With the above modification this Criminal Original Petition is allowed.

20.07.2022

kk

To

1. The Additional Superintendent of Police, Sholurmattam Police Station, The Nilgiris. 2. The Public Prosecutor, Madras High Court.

N.SATHISH KUMAR, J. kk Crl.O.P.No.15813 of 2022

20.07.2022

 

3. It is also made clear that if the police wants to take the petitioners under custody for investigation, without obtaining necessary orders from the concerned Court, they cannot take the petitioners into custody under the pretext of investigation.
4. With the above modification this Criminal Original Petition is allowed.

20.07.2022

kk

To

1. The Additional Superintendent of Police, Sholurmattam Police Station, The Nilgiris. 2. The Public Prosecutor, Madras High Court.

N.SATHISH KUMAR, J. kk Crl.O.P.No.15813 of 2022

20.07.2022