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Madras High CourtCRL OP/8260/2022allowed

S.Thangarasu v. State Rep By

2022-04-11Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8260 of 2022 S.Thangarasu, S/o.Seerangan ... Petitioner Vs The State represented by, The Inspector of Police, Jedarpalayam Police Station, Namakkal District.

(Crime No.360 of 2021) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to set aside the Order in Cr.M.P.No.494 of 2022 in Cr.M.P.No.2544 of 2021 dated 07.03.2022, passed by the Principal Sessions Court at Namakkal and to relax condition as to "Sign before Respondent Police once in a month on every first Sunday at 10.00 AM until further orders" by allowing the present Criminal Original Petition.

For Petitioner : Mr.Ma.P.Thangavel For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, to set aside the Order in Cr.M.P.No.494 of 2022 in Cr.M.P.No.2544 of 2021 dated 07.03.2022, passed by the Principal Sessions Court at Namakkal and to relax condition as to "Sign before Respondent Police once in a month on every first Sunday at 10.00 AM until further orders" by allowing the present Criminal Original Petition.

2. The learned counsel for the petitioner would submit that the petitioner is an accused in Crime No.360 of 2021 registered for the offence punishable under Section 379 of I.P.C. The

petitioner was arrested and remanded to Judicial Custody on 26.11.2021. He would further submit that the petitioner had applied for bail in Cr.M.P.No.2544 of 2021 before the Principal Sessions Court at Namakkal and the same was ordered on 08.12.2021 on the condition that the petitioner shall report before the respondent police daily at 10.00 AM until further orders. Thereafter, the petitioner after appearing for thirty two days, has filed a petition before the Principal Sessions Court at Namakkal for relaxing the condition. The learned Judge by an order dated 12.01.2022 in Cr.M.P.No.92 of 2022 has modified the condition that the petitioner has to appear once in a week on every Thursday at 10.00 AM until further orders.

3. The learned counsel for the petitioner would further submit that the petitioner had filed an application in Cr.M.P.No.494 of 2022 seeking to relax the condition, since the investigation is over. However, the learned Judge had modified the condition by directing the petitioner to appear before the respondent police on the first Sunday of every month at 10.00 AM until further orders, which is not at all necessary.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation has been completed.

5.

In view of the above, the order passed by the learned Principal Sessions Judge, Namakkal in Cr.M.P.No.494 of 2022 is totally relaxed and this Criminal Original Petition is allowed. The petitioner shall appear as and when required by the respondent police.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR rgm/arb To 1.The Principal Sessions Judge, Namakkal.

2.The Inspector of Police, Jedarpalayam Police Station, Namakkal District.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8260 of 2022 skm[co] srg 25/04/2022