Madras High CourtCRL OP/7471/2025allowed

Dileep Kumar v. The Inspector Of Police

2025-03-14Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Dileep Kumar ... Petitioner Vs The Inspector of Police, Selaiyur Police Station, Chengalpattu District.

(Crime No.472/2024) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to call for the records and set aside the order of dismissal in Crl.M.P.No.159 of 2025 dated 21.01.2025 Learned Principle District and Session Judge, Chengalpattu. For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to set aside the order of dismissal in Crl.M.P.No.159 of 2025 dated 21.01.2025 Principle District and Session Judge, Chengalpattu.

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

available on record.

3. The petitioner was granted anticipatory bail in Crl.MP.No.2991 of 2024 by an order dated 30.10.2024 by the Principal District and Sessions Judge, Chengalpattu, on condition that the petitioner shall appear before the Judicial Magistrate No.II, Tambaram on every Monday at 10.30 a.m for a period of two months. Thereafter, the petitioner filed a relaxation petition in Crl.M.P.No.159 of 2025. The Principal District and Sessions Judge, Chengalpattu, by an order dated 21.01.2025 dismissed the petition, since the petitioner had complied with the condition only for two weeks. Hence, this Criminal Original Petition.

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner has been complying with the conditions regularly.

5. Considering the facts and circumstances of the case, the order dated 21.01.2025 in Crl.M.P.No.159 of 2025, on the file of the Principal District and Sessions Judge, Chengalpattu, is hereby set aside and the condition imposed on the petitioner in Crl.MP.No.2991 of 2024 dated 30.10.2024, on the file of the Principal District and Sessions Judge, Chengalpattu, is totally relaxed.

However, the petitioner is directed to appear before the respondent Police as and when required for interrogation.

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

14.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Principal District and Sessions Judge, Chengalpattu.

2. The Judicial Magistrate No.II, Tambaram.

3. The Inspector of Police, Selaiyur Police Station, Chengalpattu District.

4. The Public Prosecutor, High Court, Madras.

14.03.2025