Prakash v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Prakash ....
Petitioner Vs The State Rep. by The Inspector of Police, Walajapet Police Station, Ranipet District.
(crime No.619 of 2020) ....
Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order in Crl.M.P.No.400 of 2025 passed by the Principal District and Sessions Judge, Ranipet, vide order dated 19.03.2025 and consequently, this Court modify the condition with respect to "the petitioner shall appear before the respondent police daily at 10.00 a.m., for 30 days" imposed in Crl.M.P.No.130 of 2025 vide order dated 28.01.2025 in Crime No.619 of 2020 on the file of the respondent police.
For Petitioner : Mr.S.Abdul Kapoor For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed challenging the order dated 19.03.2025 passed in Crl.M.P.No.400 of 2025 by the learned Principal District and Sessions Judge, Ranipet, thereby dismissed the petition filed for modification .
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner was arrested in connection with Crime No.619 of 2020 for the offences under Section 25(1)(a) of Arms Act, 1959 and was remanded to judicial custody. Subsequently, the petitioner filed a bail petition in Crl.M.P.No.130 of 2025 before the Principal District and Sessions Court, Ranipet and was granted bail subject to the condition that he shall appear before the respondent police daily at 10.00 a.m for 30 days from the next day of execution of bond before the Magistrate Court. Thereafter, the petitioner filed a modification petition in Crl.M.P.No.400 of 2025 seeking relaxation of the said condition. However, the said petition was dismissed, by an order dated 19.03.2025, on the ground that the condition imposed by the Court had not been complied with by the petitioner. Challenging the same, the present petition has been filed.
4. Considering the submissions made on either side, the order passed in Crl.M.P.No.400 of 2025 in Crl.M.P.No.130 of 2025 is hereby set aside. Accordingly, the condition imposed on the petitioner is modified to the effect that the petitioner shall appear before the respondent police twice a month on the 1st and 3rd Monday at 10.30.a.m., until further orders.
5. With the above directions, this Criminal Original Petition is modified.
08.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To
1. The Principal District and Sessions Judge, Ranipet,
2. The Inspector of Police, Walajapet Police Station, Ranipet District.
3. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No.10807 of 2025 08.04.2025