Suresh v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6195 of 2025 Suresh ..... Petitioner Vs State Rep.By, The Inspector of Police, Magudamchavadi Police Station, Salem District.

Crime No.310 of 2024.

..... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2025, to set aside the order made in C.M.P.No.119 of 2025, dated 21.01.2025 on the file of the Principal Sessions Judge, Salem and consequently to relax the condition imposed in Para No.4(iii) in Crl.M.P.No.2736 of 2024 dated 19.10.2024 on the file of the Principal Sessions Judge, Salem.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to set aside the order dated 21.01.2025 passed in C.M.P.No.119 of 2025 by the Principal Sessions Judge, Salem, thereby dismissing the application to

relax the condition imposed on the petitioner in Crl.M.P.No.2736 of 2024.

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

3. The petitioner was apprehended to arrest in connection with Crime No.310 of 2024 for the offences under Sections 296(b), 118(1) and 351(3) of Bharatiya Nyaya Sanhita, 2023. Subsequently, the petitioner filed an anticipatory bail petition in Crl.M.P.No.2736 of 2024 before the Principal Sessions Judge, Salem and was granted bail subject to the condition that he shall appear and sign before the learned Judicial Magistrate No.II, Sankari, daily at 10.00 am., for a period of 30 days and thereafter, as and when required for interrogation. Thereafter, the petitioner filed a relaxation petition in Crl.M.P.No.119 of 2025 in Crl.M.P.No.2736 of 2024 seeking relaxation of the said condition. However, the said petition was dismissed, by an order dated 21.01.2025 on the ground that the petitioner has not complied with the condition regularly. Challenging the same, the present petition has been filed.

4. Considering the submissions made on either side, the order passed in Crl.M.P.No.119 of 2025 in Crl.M.P.No.2736 of 2024 is hereby set aside. Accordingly, the condition imposed on the petitioner to appear and sign before the learned Judicial Magistrate No.II, Sankari, daily at 10.00 am, except holidays, until further orders is relaxed. However, the petitioner shall appear before the respondent police as and when required for interrogation.

5. With the above directions, this Criminal Original Petition is allowed.

05.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Principal Sessions Judge, Salem.

2. The Judicial Magistrate No.II, Sankari.

3.The Inspector of Police, Magudamchavadi Police Station, Salem District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6195 of 2025 05.03.2025