M.Mohamed Abbas v. Chief Investigating Officer

Crl M.P. No.567 of 2024 in Crl.A. No.678 of 2023 M.S.RAMESH, J.

AND SUNDER MOHAN, J.

[Order of the Court was made by SUNDER MOHAN, J.] The petitioner seeks modification of the conditions imposed by this Court in Crl.M.P. No.18070 of 2023 dated 15.11.2023.

2. This Court modified the earlier condition imposed in Crl.A. No.678 of 2023 and directed that the petitioner shall stay at Madurai and shall not leave the Madurai City without the permission of the learned Principal Sessions Judge, Madurai; that he shall appear and sign before the learned Principal Sessions Judge, Madurai, twice in a week (i.e.) Monday and Thursday, at 10:30 A.M, until further orders and that he shall appear before the Trial Court as and when he is summoned by the Trial Court, which is found in Paragraph 7(ii) and (iii) (a), (iii) (b) of our order in Crl.M.P.No.18070/2023.

3. The petitioner seeks relaxation of the said conditions on the ground

that he is a practicing Advocate and has multiple cases across various district Courts in Tamil Nadu, including Arupukottai, Theni, Thirumangalam, Arandangi in addition to Madurai. He further submitted that he has not been cited as an accused and therefore there is no necessity for imposing conditions on him.

4. Mr. A.R.L. Sundaresan, the learned Additional Solicitor General, has filed objections on behalf of the respondent and submitted that the respondent is still conducting further investigation and therefore, the conditions imposed cannot be totally relaxed and there is a possibility of the petitioner being subsequently added as an accused.

5. Admittedly the petitioner is not an accused at present. Therefore, we are of the view that the conditions imposed by this Court in paragraph 7(ii) and (iii)(a), (iii) (b) in Crl. M.P. No.18070 of 2023 can be relaxed. However, in view of the objections raised by the respondent, we deem it appropriate to direct the petitioner to appear before the learned Principal Sessions Judge, Madurai, once in a month, i.e., on the first working day of every month. The

other conditions in 49 (b) (iv) to (x) imposed in Crl.A. No.678 of 2023 shall remain unaltered.

6. With the above modification, this Criminal Miscellaneous Petition stands ordered.

(M.S.R., J.) (S.M., J.) 31.01.2024 bga Internet : Yes Index : Yes / No To Principal Sessions Judge, Madurai

M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga Crl M.P. No.567 of 2024 in Crl.A. No.678 of 2023 Dated: 31.01.2024