Meganathan v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Meganathan 2.Senthil Suriyan @ Senthil Raja 3.Rooban Rajeshkumar 4.Vijay Prasath 5.Prabha @ Prabhakaran

...Petitioners

Versus

The State Rep By, The Inspector of Police, Fairlands Police Station, Salem.

(Crime No.344/2024)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order in respect of the petitioners passed in Crl.M.P.No.3315/2024 dated 16.12.2024 on the file of the Principal Sessions Judge, Salem and relax the conditions or modify the condition imposed in Para 7(iii) by the Principal Sessions Judge, Salem in Crl.M.P.No.2632/2024 dated 15.10.2024

For Petitioners : Mr.K.Prabhakaran For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed challenging the order dated 16.12.2024 passed in Crl.M.P.No.3315 of 2024 by the Principal Sessions Judge, Salem and to seek relaxation or modification of the condition imposed in Para 7(iii) of the order dated 15.10.2024 in Crl.M.P.No.2632 of 2024 passed by the Principal Sessions Judge, Salem.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners were granted anticipatory bail in CMP No.2632 of 2024 on 15.10.2024 subject to the condition that they shall appear and sign before the Judicial Magistrate No.V, Salem daily at 10.00 a.m. except on holidays until further orders (for a minimum period of 30 days). Thereafter, the petitioners filed an application in CMP No.3315 of 2024 seeking to relax the bail condition. However, the said

application was dismissed on the ground that the petitioners had failed to comply with the conditions imposed on them. Aggrieved by the same, the petitioners have filed the present petition.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners have complied with the conditions imposed by the Court.

5. Considering the facts and circumstances of the case and also the submissions made by the learned Government Advocate (Crl.Side), this Court is inclined to relax the condition. Accordingly, this Criminal Original Petition is allowed and the condition imposed on the petitioners in Para (iii) of the order dated 15.10.2024 in Crl.M.P.No.2632 of 2024 is hereby totally relaxed.

03.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Principal Sessions Judge, Salem.

2.The Inspector of Police, Fairlands Police Station, Salem.

3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp 03.03.2025