Madras High CourtCRL OP/4103/2024disposed of

M.Kanagaraj v. Inspector Of Police

2024-02-23Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4103 of 2024 1.M.Kanagaraj 2.M.Selvaraj 3.Sumathi 4.Rosi 5.S.Nirmal Kumar 6.Gowtham Petitioners vs.

State Rep. by: The Inspector of Police, Mecheri Police Station, (Crime No.592 of 2023) Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order dated 08.02.2024 passed by the learned Principal District and Sessions Judge, Salem in C.M.P.No.335 of 2024 in C.M.P.No.3306 of 2023 in Crime No.592 of 2023. For Petitioner : Mr.L.Mouli For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This criminal original petition has been filed challenging the order passed by the Court below in C.M.P.No.335 of 2024, dated 08.02.2024, dismissing the application filed for relaxation of the condition imposed by the Court below while granting anticipatory bail to the petitioners in C.M.P.No.3306 of 2023 by an order dated 08.11.2023.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents. 3.The offence involved in the present case is under Section 147, 294(b), 323, 324 and 506(ii) of IPC. The order was passed in the anticipatory bail petition on 08.11.2023. The condition imposed was that the petitioners must appear and sign daily before the learned Judicial Magistrate-II, Mettur for a minimum period of thirty days. The earlier petition for relaxation of condition was rejected on the ground that the petitioners did not comply with the condition from 21.11.2023 to 04.01.2024. Hence, the petitioners once again complied with the condition and filed one more application for relaxation. This application was dismissed on the ground that the petitioners did not comply with the condition for 3 days i.e., on 06.01.2023, 08.01.2024, to 09.01.2024.

4.Taking into consideration the facts and circumstances of the case and also of the fact that the petitioners have reported before the concerned Court for more than fifty days. This Court is inclined to relax the condition to the effect that the petitioners will appear before the respondent police as and when required till the completion of the investigation. 5.This criminal original petition disposed of in the above terms. 23.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To 1.The Principal District and Sessions Judge, Salem. 2.The Inspector of Police, Mecheri Police Station.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, J.

ssr Crl.O.P No.4103 of 2024 23.02.2024