Madras High CourtCRL OP/10655/2025modified

M.Nithya v. State Rep By, Inspector Of Police

2025-04-09Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Nithya ... Petitioner Vs State Rep by, Inspector of Police J7, Velachery Police Station, Velachery , Chennai 600 042.

Crime No.58 of 2025 ... 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 21.03.2025 in Crl.MP.No.2449 of 2025, on the file of the Principal Sessions Judge at Chennai and relax the condition that the petitioner shall report before the respondent police daily at 10.00 am until further orders imposed in Crl.MP.1591/2025 dated 26.02.2025 passed by the Principal Sessions Judge at Chennai.

For Petitioner : Mr.Pradeep Jayaraman For Respondent : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to set aside the order dated 21.03.2025 in Crl.MP.No.2449 of 2025, on the file of the Principal Sessions Judge at Chennai and relax the condition that the petitioner shall report before the respondent police daily at 10.00 am until further orders imposed in Crl.MP.1591/2025 dated 26.02.2025 passed by the Principal Sessions Judge at Chennai.

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

3. The petitioner was granted bail in Crl.MP.1591 of 2025 dated 26.02.2025 by the Principal Sessions Judge at Chennai, on condition that the petitioner shall appear before the respondent Police daily at 10.00 a.m until further orders. Thereafter, the petitioner filed a relaxation petition in Crl.M.P.No.2449 of 2025. The Principal Sessions Judge at Chennai, by an order dated 21.03.2025 dismissed the petition, since the petitioner had complied with the condition only for 19 days. 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 21.03.2025 in Crl.MP.No.2449 of 2025, on the file of the Principal Sessions Judge at Chennai, is hereby set aside and the condition imposed on the petitioner in Crl.MP.No.1591 of 2025 dated 26.02.2025, on the file of the Principal Sessions Judge at Chennai, is modified to the effect that the petitioner shall appear before the respondent Police, twice a month viz., on 1st and 3rd Monday at 10.00 a.m, until further orders. The other conditions shall remain intact.

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

09.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The the Principal Sessions Judge at Chennai.

2. The Inspector of Police J7, Velachery Police Station, Velachery , Chennai 600 042.

3. The Public Prosecutor, High Court, Madras.

09.04.2025