S.Muthusamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2024

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P. No.15682 of 2024 S.Muthusamy .. Petitioner Vs.

State Rep. by Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Namakkal.

... Respondent Prayer: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C. , to set aside the order dated 24.05.2024 passed in C.M.P.No.323 of 2024 on the file of the learned Chief Judicial Magistrate cum Special Judge of Namakkal and relax the condition imposed by an order dated 08.03.2024 passed in C.M.P.No.159 of 2024 on the file of the Chief Judicial Magistrate Cum Special Judge of Namakkal.

For Petitioner : Mr.R.Ezhilarasan For Respondent: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) 1/4

O R D E R

This petition has been filed to modify the condition imposed by the Learned Chief Judicial Magistrate Cum Special Judge of Namakkal. in C.M.P.No.159 of 2024 dated 08.03.2024 and set aside the order passed in C.M.P.No.323 of 2024 dated 24.05.2024.

2. Learned counsel for the petitioner submitted that petitioner was granted bail in Crl.M.P.No.02 of 2024 dated 02.02.2024 on the file of the Chief Judicial Magistrate Cum Special Judge of Namakkal with a direction that the petitioner shall sign before the respondent police daily at 10.00.a.m., until further orders. Thereafter, petitioner filed modification petition in C.M.P.No.159 of 2024 and the same was modified to the effect that the petitioner shall appear before the respondent police weekly once ie., on every Monday at 10.00a.m. Again, he filed relaxation petition in C.M.P.No.323 of 2024 and the same was dismissed. Against which, present petition is filed.

3. Considering the facts and circumstances of the case, the condition imposed on the petitioner in C.M.P.No.159 of 2024 dated 08.03.2024 that the petitioner shall appear before the respondent police weekly once ie., on every 2/4

Monday at 10.00 a.m is modified to the effect that petitioner shall appear before the respondent police monthly once for a period of five months and thereafter as and when required for interrogation.

4. Accordingly, this Criminal Original Petition is ordered. 03.07.2024 Index : Yes/No Internet : Yes Speaking/non speaking order Sma To

1. Chief Judicial Magistrate cum Special Judge of Namakkal

2. Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Namakkal.

3. The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

Sma CRL.O.P. No.15682 of 2024 03.07.2024 4/4