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Madras High CourtCRL OP/9585/2025dismissed

Mohamed Janofar @ Raju v. The State Rep By The Inspector Of Police

2025-04-01Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 9585 of 2025 Mohamed Janofar @ Raju Petitioner(s) Vs State represented by, The Inspector of Police, 'Q' Branch CID, Chennai City.

(Crime No.1 of 2024).

Respondent(s) PRAYER: This criminal original petition has been filed under Section 483(1)(b) of BNSS to modify the condition imposed on the petitioner by the learned Judicial Magistrate No.II, Poonamallee in para 5(ii) of the bail order in Crl.M.P.No.85 of 2025, dated 17.02.2025.

For Petitioner(s) : Mr. J. Agni Selvaraju For Respondent(s) : Mr. S. Balaji, Government Advocate (Crl.Side) 1/4

ORDER

This criminal original petition has been filed to modify the condition imposed on the petitioner by the learned Judicial Magistrate No.II, Poonamallee in para 5(ii) of the bail order in Crl.M.P.No.85 of 2025, dated 17.02.2025, that "the petitioner shall be detained at Special Camp, Trichy until the competent authority passes any order under Section 3(2)(e) to (f) of Foreigners Act, 1946 or until further order of this Court or until he is deported to their mother land under due process of law."

2.

The learned counsel appearing for the petitioner seeks modification of the condition imposed on the petitioner in the bail order in Crl.M.P.No.85 of 2025, dated 17.02.2025 passed by the learned Judicial Magistrate No.II, Poonamallee, in which the petitioner was directed to be detained at Special Camp, Trichy until the competent authority passes an order under Section 3(2)(e) to (f) of Foreigners Act, 1946; that the condition imposed on the petitioner cannot be sustained, after granting bail and sought for setting aside the aforesaid condition imposed on the petitioner. 3.

The learned Government Advocate (Crl. Side) appearing for the 2/4

respondent on instruction submitted that the State Government had passed an order in G.O.(1D) No.80, dated 14.02.2025, directing the petitioner to reside in the Special Camp and with the further direction that he shall not leave the boundaries of the Special Camp, except with the prior permission of the District Collector; that therefore, the condition imposed on the petitioner in para 5(ii) by the learned Judicial Magistrate No.II, Poonamallee is in accordance with the aforesaid order and opposed for this modification petition. 4.

In view of the aforesaid facts, this Court finds no reason to set aside the condition imposed on the petitioner by the learned Judicial Magistrate No.II, Poonamallee in para 5(ii) of the bail order in Crl.M.P.No.85 of 2025, dated 17.02.2025.

5.

Accordingly, this criminal original petition is dismissed. 01.04.2025 stn 3/4

SUNDER MOHAN, J.

stn To

1. The Judicial Magistrate No.II, Poonamallee.

2. State represented by, The Inspector of Police, 'Q' Branch CID, Chennai City.

(Crime No.1 of 2024).

3. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.9585 of 2025 01.04.2025 4/4