N.Chandran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 8300 of 2024 N.Chandran ... Petitioner Vs.

State by, the Inspector of Police, District Crime Branch, Ooty.

(Cr.No.7 of 2023) .. Respondents PRAYER: Criminal Original Petition is filed under section 482 of Cr.P.C., to call for the records and set aside the order passed by the learned Sessions Judge, Udhagamandalam, Nilgiris District in Crl.M.P.No.153 of 2024 dated 18.03.2024 in Crl.M.P.No.820 of 2023 in Cr.No.7 of 2023 and consequently relax the condition imposed on the petitioner in Crl.M.P.No.820 of 2023 viz., the petitioner/accused should appear and sign before the respondent police station daily at 10.30 am., until further orders, by its order dated 27.09.2024 . For Petitioner : Mr. M. Mathan Raj For Respondents : Mr.A.Gopinath, GA (crl.side) O R D E R

This Criminal Original Petition has been filed to call for the records and set aside the order passed by the learned Sessions Judge, Udhagamandalam, Nilgiris District in Crl.M.P.No.153 of 2024 dated 18.03.2024 in Crl.M.P.No.820 of 2023 in Cr.No.7 of 2023 and consequently relax the condition imposed on the petitioner in Crl.M.P.No.820 of 2023 viz., the petitioner/accused should appear and sign before the respondent police station daily at 10.30 am., until further orders, by its order dated 27.09.2024 .

2. Learned counsel for the petitioner submitted that the petitioner was granted anticipatory bail in Crl.M.P.No.820 of 2023 by the learned Sessions Judge, Udhagamandalam on 27.09.2023 on condition that he should execute a bond for Rs.10,000/- with two sureties for a like sum, each to the satisfaction of the abovesaid Magistrate and that he should appear and sign before the respondent police daily at 10.30 a.m., until further orders.

Accordingly, the petitioner appeared before the respondent police everyday at 10.30 a.m., till 12.02.2024.

3. He further submitted that the petitioner is a senior citizen having old age ailments and is a resident of Coimbatore and he used to travel

more than two hours to sign before the respondent police daily. Due to his medical emergency, he is not able to appear before the respondent police, therefore, he filed a relaxation petition before the learned Sessions Judge,Udhagamandalam in Crl.M.P.No.153 of 2024, however, the same was dismissed on 18.03.2024.

4. It is his further submission that the petitioner is having "Refractory Angina" and for the same, Doctor advised him to avoid traveling, and in the event of the petitioner traveling to sign before the respondent police, the same would endanger the life of the petitioner. Thus he prays for relaxation of the condition imposed on the petitioner in Crl.M.P.No.820 of 2023 that the petitioner shall appear and sign before the respondent police until further orders.

5. Heard the learned counsel for the petitioner and the learned Govt. Advocate (crl.side) appearing for the respondent.

6. Perusal of medical records produced by the petitioner, it is seen that the petitioner is suffering Refractory Angina and has been under medical treatment. Considering the age and health condition of the

petitioner, this court is inclined to relax the condition imposed on the petitioner in Crl.M.P.No.820 of 2023. Accordingly, the condition imposed by the learned Sessions Judge, Udhagamandalam, Nilgiris in Crl.M.P.No.820 of 2023 on 27.09.2023 that the petitioner shall appear and sign before the respondent police station daily at 10.30 am until further orders is fully relaxed. The order passed in Crl.M.P.No.153 of 2024 by the learned Sessions Judge, Udhagamandalam, Nilgiris is hereby set aside.

7. This Criminal Original Petition is ordered accordingly. 19.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order

G.K.ILANTHIRAIYAN, J.

To

1. The Inspector of Police, District Crime Branch, Ooty.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 8300 of 2024 19.02.2025