Madras High CourtCRL OP/8934/2025modified

M.Lakkeeshwaran v. State Rep. By Inspector Of Police

2025-03-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Lakkeeshwaran ... Petitioner Vs State Rep. By The Inspector of Police, Town Police Station, Erode.

(Crime No.207 of 2023) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to set aside the order dated 13.03.2025 passed in Crl.MP.No.393/2025 on the file of the Principal District and Sessions Judge, Erode. For Petitioner : Mr.M.Karthik For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to set aside the order dated 13.03.2025 passed in Crl.MP.No.393 of 2025 on the file of the Principal District and Sessions Judge, Erode.

2. The petitioner was granted bail in Crl.MP.No.3088 of 2023 by an

order dated 25.08.2023, by the Principal District and Sessions Judge, Erode. While granting bail, the petitioner was directed to appear before the Judicial Magistrate No.II, Erode, daily twice at 10.00 am and 5.00 pm, until further orders. Thereafter, the petitioner filed a relaxation petition in Crl.M.P.No.3584 of 2023 in Crl.M.P.No.3088 of 2023. The Principal District and Sessions Judge, Erode, by an order dated 10.10.2023, modified the condition to appear before the Judicial Magistrate No.II, Erode, on every Tuesday and Friday at 10.30 a.m. Once again, the petitioner filed a relaxation petition in Crl.M.P.No.4471 of 2023 in Crl.M.P.No.3584 of 2023. The Principal District and Sessions Judge, Erode, by an order dated 04.12.2023 modified the condition to appear before the Judicial Magistrate No.

II, Erode, on 1st and 15th day of every English Calendar month at 10.00 am. Once again, the petitioner filed a relaxation petition in Crl.M.P.No.393 of 2025 in Crl.M.P.No.4471 of 2023. The Principal District and Sessions Judge, Erode, by an order dated 13.03.2025 dismissed the petition insofar as the petitioner is concerned on the ground that the petitioner had complied with the earlier condition imposed by the Principal District and Sessions Judge, Erode for a period of only 8 days. Challenging the same, the present Criminal Original Petition is filed.

3. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner is complying with the conditions

regularly.

4. Considering the above facts and circumstances of the case, the condition imposed in Crl.M.P.No.4471 of 2023 in Crl.M.P.No.3584 of 2023 dated 04.12.2023, is modified to the effect that the petitioner shall appear before the Judicial Magistrate No.II, Erode, on 1st working day of every month at 10.00 a.m, until further orders.

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

26.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Principal District and Sessions Judge, Erode.

2. The Judicial Magistrate No.II, Erode.

3. The Inspector of Police, Town Police Station, Erode.

4. The Public Prosecutor, High Court, Madras.

26.03.2025