Dhanraj @ Dhanarajan v. State Represented By

in CRL.A.No.231 of 2020 M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

(Order of the Court was made by M.SUNDAR, J) Read this in conjunction with and in continuation of earlier order dated 04.02.2021 made by Hon'ble Predecessor Bench in Crl.MP.No.1052 of 2021 in Crl.A.No.231 of 2020, which reads as follows: 'While granting suspension of sentence and bail on 02.11.2020 in Crl.M.P.No.3965 in Crl.A.No.231 of 2020, this Court had directed the petitioner to stay at Trichy and report before the Town Police Station, Trichy, daily at 10.30.a.m until further orders, for relaxing which, this criminal miscellaneous petition has been filed.

2. Heard Mr.M.Soundar Vijay Arul Ram, learned counsel for the petitioner and Mr.K.Prabhakar, learned Additional Public Prosecutor appearing for the respondent/State.

3. The learned Additional Public Prosecutor submitted that the petitioner has been complying with the aforesaid condition since 10.11.2020.

In view of the above, the aforesaid condition is relaxed and the petitioner is directed to appear before the Principal 1/4

Sessions Court, Namakkal District, on every Monday at 10.30.a.m until further orders.'

2. Mr.M.Soundar Vijay Arul Ram, learned counsel for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John on behalf of respondent are before us.

3. There is no disputation that the condition of appearing before learned Principal Sessions Court, Namakkal on every Monday at 10.30.a.m has been complied with thus far.

4. Considering the facts and circumstances of the case, we are inclined to modify the condition and say that the petitioner would appear before learned Principal Sessions Court, Namakkal on the first working day of every English Calendar month. If there is any unavoidable circumstances on the first working day, it is open to the petitioner to file a petition under Section 317 of 'The Code of Criminal Procedure, 1973 (2 of 1974)' [hereinafter 'CrPC' for the sake of brevity and clarity] and such petition shall be considered on its own merits and in accordance with law by learned Judge concerned but with a caveat that it shall be ensured that the petitioner puts in appearance on any 2/4

other day in that Calendar month.

5. Captioned Criminal Miscellaneous Petition is disposed of modifying the condition in aforesaid manner.

[M.S.,J.] [M.N.K.,J.] 02.03.2023 kmi 3/4

M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

kmi in CRL.A.No.231 of 2020 02.03.2023 4/4