Senthil Kumar v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2026

CORAM

THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR Crl. O.P. No. 5087 of 2026 Senthilkumar ..Petitioner Vs.

The State rep. by The Inspector of Police, EOW, Chennai.

..Respondent Prayer:

Criminal Original Petition filed under Section 528 of BNSS to set aside the order dated 29.01.2026 passed by the learned Special Judge under TNPID Act, Chennai in Crl.M.P. No. 31 of 2026 and consequently relax the conditional order dated 10.07.2025.

For Petitioner ::

Mr.K. Yuvaraja For Respondent ::

Mr. Leonard Arul Joseph Selvam Additional Public Prosecutor 1\4

O R D E R

This criminal original petition is filed to set aside the order dated 29.01.2026 passed by the learned Special Judge under TNPID Act, Chennai in Crl.M.P. No. 31 of 2026 and consequently relax the conditional order dated 10.07.2025.

2.

The petitioner, arrayed as Accused No.5 in connection with Crime No. 10 of 2024 on the file of the respondent Police, registered for alleged offences under Sections 409, 120(B), 420 r/w 34 of IPC and Section 5 of TNPID Act, 1997, was arrested in connection with the above crime and subsequently enlarged on bail by the learned Special Judge under TNPID Act, Chennai, Chennai, vide order dated 20.06.2025 in Crl.M.P. No. 257 of 2025, subject to certain conditions, one of which was that the petitioner should appear daily at 10.30a.m. before the respondent Police. 3.

Owing to severity of his health condition, the petitioner filed Crl.M.P. No. 310 of 2025 for modification of the condition, namely, to appear before the respondent Police daily at 10.30a.m. The learned Trial Judge, considering the fact that the petitioner was complying with the condition regularly; that he is a diabetic patient, suffering from infection on 2\4

his right foot and undergoing treatment in a hospital; that the Doctor treating him has issued a certificate that he has to undergo treatment as an in-patient for atleast 15 to 20 days; that the severity of the wound has made movement of the petitioner very difficult and the photographs produced to show the severity of the wound, allowed the said Crl.M.P. No. 310 of 2025 by order dated 10.07.2025 and modified the condition to the effect that the petitioner shall appear before the respondent Police twice a month, viz., 1st and 15th working day of every English Calendar month until further orders. Subsequently, the petitioner filed Crl.M.P. No. 31 of 2026 for relaxation of the condition to appear before the respondent Police twice a month, which came to be dismissed by the impugned order. Hence, the present petition. 4.

Heard the learned counsel for the petitioner. 5.

Considering the submission made by the learned counsel for the petitioner that the petitioner is a diabetic patient and also suffering from an infection on his right foot, which has impacted his movement to a great extent, the condition imposed by the learned Trial Judge to appear before the respondent Police twice, i.e., on the 1st and 15th working day of every English Calendar Month is modified to the effect that the petitioner 3\4

M. NIRMAL KUMAR,J.

nv shall appear before the respondent Police on the 2nd and 4th Saturday of every month.

6.

The criminal original petition is disposed of accordingly.

05.03.2026 nv To

1. The Special Judge under the TNPID Act, 1997, Chennai.

2. The Inspector of Police, EOW, Chennai.

3. The Public Prosecutor, High Court, Madas.

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