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Madras High CourtCRL OP/1760/2024disposed of

Baskar v. State Rep. By

2024-01-31Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.1760 of 2024 Baskar

...Petitioner

Vs.

State rep. by The Inspector of Police, PEW Washermenpet Unit Chennai

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the order passed by the learned Principal Special Judge under EC & NDPS Act at Chennai in Crl.M.P.No.10037 of 2023 in Crime No.223 of 2023 dated 08.01.2023.

For Petitioner : Mr.K.Yuvaraj For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This criminal original petition has been filed challenging the order passed by the Court below in Crl.M.P.No.8677 of 2023, dated 24.11.2023, partly allowing the application seeking for modification of condition. 1/4

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent. 3.The petitioner was arrested and remanded to judicial custody on 01.08.2023 in the course of investigation in Crime No.223 of 2023. The petitioner filed an application for bail in Crl.M.P.No.6908 of 2023. The petitioner was enlarged on bail by an order dated 22.09.2023. One of the condition that was imposed was that the petitioner should appear before the respondent police daily at 10.00 a.m., until further orders.

4.The petitioner after complying with the above condition for some time filed an application in Crl.M.P.No.8677 of 2023 seeking for relaxation of condition. The Court below partly allowed this application and modified the condition to the effect that the petitioner must appear before the respondent police every Monday at 10.30 a.m. until further order.

5.The petitioner was aggrieved by the above order, since the petitioner resides in Madurai and he has to travel every time to Chennai to report before the respondent police. Therefore, the petitioner has filed this petition seeking for total relaxation of the condition.

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6.The learned Additional Public Prosecutor on instructions submitted that the investigation is almost completed and the respondent police is awaiting for the FSL Report.

7.Considering the facts and circumstances of the case and the submissions made by the learned Additional Public Prosecutor, the condition imposed by the Court below is modified to the effect that the petitioner will appear before the respondent police on the first working day of every month at 10.30 a.m. till the investigation is completed and final report is filed before the concerned jurisdictional Court.

8.This criminal original petition is disposed of in the above terms. 31.01.2024 Index: Yes/No Speaking order/Non-speaking Order ssr 3/4

N.ANAND VENKATESH, J ssr To 1.The Principal Special Judge under EC & NDPS Act at Chennai. 2.The Inspector of Police, PEW Washermenpet Unit Chennai 3.The Public Prosecutor, High Court, Madras.

CRL.O.P No.1760 of 2024 31.01.2024 4/4