Muthuraman v. The State Rep By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Muthuraman Petitioner Vs State Represented by Station House Officer, Tittakudi Police Station, Cuddalore District.

(Cr.No.47 of 2025) Respondent(s) Prayer:

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to set aside the order dated 28.03.2025 passed by the learned Principal District and Sessions Judge, Cuddalore District Cuddalore in Crl.M.P.No.2476 of 2025 and relax the condition imposed on the petitioner in Crl.M.P.No.1568 of 2025 by the Learned Principal District and Sessions Judge, Cuddalore District, Cuddalore dated 25.02.2025 to appear before the Learned Judicial Magistrate, Thittakudi daily at 10.30 am for 2 months and thus render justice. For petitioner(s): Mr.G.S.Magesh For Respondent(s):Mr.S.Santhosh Government Advocate (Criminal Side) 1/4

ORDER

Admittedly, the petitioner seeks to set aside the condition imposed by the learned Principal District and Sessions Judge, Cuddalore District, Cuddalore in Crl.M.P.No.2476 of 2025 directing the petitioner to appear before the Judicial Magistrate Court, Thittakudi, daily at 10.30 a.m for 2 months.

2.The learned counsel for the petitioner would submit that the petitioner fell sick and therefore could not comply with the condition and that the condition may be set aside.

3.The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner had complied with the condition for only 18 days.

4.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondent and also perused the materials available on record.

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5.It is seen that the learned Principal District and Sessions Judge, Cuddalore District, Cuddalore, while granting anticipatory bail had directed the petitioner to appear before the learned Judicial Magistrate, Thittakudi, daily at 10.30 a.m for 2 months. The petitioner had complied with the condition only for 18 days.

6.This Court is of the view that the petitioner has not substantiated his claim of illness. Considering the above facts and circumstances, this Court is not inclined to entertain this Criminal Original Petition. Accordingly, this Criminal Original Petition is dismissed. 24.04.2025 ep 3/4

SUNDER MOHAN, J.

ep To 1.Station House Officer, Tittakudi Police Station, Cuddalore District.

2. The Principal District and Sessions Judge, Cuddalore District, Cuddalore 3.The Judicial Magistrate, Thittakudi.

4.The Public Prosecutor, High Court Madras.

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