Madras High CourtCRL OP/920/2023disposed of

R.E.Balasubramanian v. The State Rep.By

2023-01-12Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN R.E.Balasubramanian

...Petitioner

Vs.

The State Represented by, Inspector of Police, CCB, Commissioner of Police, EDF -1, Team 11, Vepery, Chennai.

...Respondent

Prayer: This Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records and set aside the order dated 07.01.2023 passed in Crl.M.P.No.356 of 2023 on the file of the Principal Sessions Court, City Civil Court, Chennai.

For Petitioner : Mr.L. Abdul Basith For Respondents : Mr.S.Santhosh, Government Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to call for the records and set aside the order dated 07.01.2023 passed in Crl.M.P.No.356 of 2023 on the file of the Principal Sessions Court, City Civil Court, Chennai.

2. The learned counsel for the petitioner submitted that the learned Judge while granting anticipatory bail to the petitioner in Crl.M.P.No.25447 of 2022 on 22.12.2022 imposed a condition that the petitionr shall report before the respondent police daily at 10.00.a.m., until further orders. Now, the learned counsel for the petitioner submitted that the petitioner is aged about 76 years and he finds very difficult to appear before the respondent police daily. That apart, no case is made out against the petitioner. The petitioner filed Crl.M.P.No.356 of 2023 before the learned Principal Sessions Judge, City Civil Court, Chennai on 05.01.2023 for relaxation of the condition. However, said petition was dismissed on the ground that the learned Public Prosecutor submitted that the petitioner had complied the condition for only nine days.

3. Considering the reasons given for the grant of anticipatory bail to the petitioner and also considering that the petitioner is aged about 76 years, this Court is of the view that the appearance of the petitioner on daily basis 2/4

before the respondent police is not necessary. Therefore, the order passed by the learned Judge in Crl.M.P.No.356 of 2023 dated 09.01.2023 is set aside. The petitioner is directed to appear before the respondent police as and when required for interrogation.

4. With the above observations and directions, this Criminal Original Petition is disposed of.

12.01.2023 sma To 1.Inspector of Police, CCB, Commissioner of Police, EDF -1, Team 11, Vepery, Chennai.

2. The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN ,J.

sma 12.01.2023 4/4