Madras High CourtCRL OP/3439/2025allowed

T.Rishikesh @ Rish v. State Rep.By , The Inspector Of Police

2025-02-10Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.Rishikesh @ Rish ... Petitioner Vs State Rep.By, The Inspector of Police, Kitchipalayam Police Station, Salem District.

(Crime No.530 of 2024) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 of Cr.P.C, to set aside the order made in C.M.P.No.98 of 2025, dated 08.01.2025 on the file of the Principal Sessions Judge, Salem and consequently to relax the condition para no.3 imposed in Crl.M.P.No.3095 of 2024 dated 02.12.2024. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to set aside the order made in C.M.P.No.98 of 2025, dated 08.01.2025 on the file of the Principal Sessions Judge, Salem and consequently relax the condition imposed in Para No.3 in Crl.M.P.No.3095 of 2024 dated 02.12.2024.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was granted bail in Crl.MP.No.3095 of 2024 on 02.12.2024 by the Principal Sessions Judge at Salem, on condition that the petitioner shall appear before the respondent Police daily at 09.00 a.m until further orders (for minimum period of 30 days). Thereafter, the petitioner filed a relaxation petition in C.M.P.No.98 of 2025. The Principal Sessions Judge at Salem, by an order dated 08.01.2025 dismissed the petition, since the petitioner failed to appear before the respondent for a period of four days. Hence, this Criminal Original Petition.

4. The learned Government Advocate (Crl.side) appearing for the

respondent would submit that the petitioner is complying with the conditions regularly.

5. Considering the facts and circumstances of the case, the order dated 08.01.2025 made in C.M.P.No.98 of 2025, on the file of the Principal Sessions Judge, Salem, is hereby set aside and the condition imposed on the petitioner in Crl.MP.No.3095 of 2024 dated 02.12.2024, on the file of the Principal Sessions Judge at Salem, is totally relaxed. However, petitioner is directed to appear before the respondent Police as and when required for investigation in Crime No.530 of 2024.

6. With the above directions, this Criminal Original Petition is allowed.

10.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Principal Sessions Judge at Salem.

2. The Inspector of Police, Kitchipalayam Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

10.02.2025