Jeba Kirubairaj v. The State Rep. By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN CRL. O.P. No.7357 of 2025 Jeba Kirubairaj Male Aged 51 Years S/o.Devaraj 20-70, Vakaipilavillai, Kanjirakodu, Vilavancode Kannyakumari District ....Petitioner Vs The State Rep. by Its The Inspector Of Police, North Police Station, Erode District Crime No.494 Of 2024

...Respondent

PRAYER Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to relax the condition that the petitioner shall report before the respondent police every Monday at 10.00 a.m and shall sign until further orders imposed in Crl.M.P.No.4071 of 2024 order dated 02.01.2025

For Petitioner:

Mr. D. Padmanabhan For Respondent:

Mr. S. Santhosh, Government Advocate (Crl. side)

ORDER

This petitioner seeks modification of the condition imposed by the learned Principal District and Sessions Judge, Erode, vide orders dated 02.01.2025, in Crl.M.P.No.4071 of 2024, directing the petitioner to appear before the respondent police every Monday at 10.00 a.m.

2. The learned counsel for the petitioner would submit that the petitioner was initially directed to appear before the respondent police daily twice, by the learned Principal District and Sessions Judge, Erode, vide orders dated 29.11.2024, in Crl.M.P.No.3749 of 2024; that the petitioner had complied with the said condition for a period of 35 days; that considering the medical condition of the petitioner, the petitioner sought for modification; that the learned Principal District and Sessions Judge, Erode,modified the said condition by directing the petitioner to appear before the respondent police once a week and sought for setting aside the said condition in view of his ailments.

3. The Learned Government Advocate, on instructions, submitted that the petitioner had originally appeared before the respondent for 35 days and thereafter appeared once a week before the respondent for ten weeks.

4. Though the impugned order directing the petitioner to appear before the respondent police once a week cannot be faulted, considering the subsequent events, namely, that the petitioner has complied and appeared before the respondent once a week for ten weeks and since his further appearance is not required for investigation, the condition to appear every Monday is relaxed.

5. The Criminal Original Petition is ordered accordingly. 13.03.2025 bga To The Inspector Of Police, North Police Station, Erode District Crime No.494 Of 2024

2. The Principal District and Sessions Judge, Erode

SUNDER MOHAN , J.

bga CRL. O.P. No.7357 of 2025 13.03.2025