Shabbeer Basha v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.9826 of 2021 IN CRL OP.7602/2020 SHABBEER BASHA [ PETITIONER ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KITCHIPALAYAM POLICE STATION, SALEM CITY.

CRIME NO. 229/2020 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to relax the third condition imposed by this Hon'ble Court in Crl.O.P.NO.7602 of 2020 dated 15/05/2020 and to direct the Superintendent of Prison, Sub Jail , Saidapet, Chennai to release the passport of the petitioner and relax the same by permitting the petitioner to attend employment meeting in abroad and thus render justice.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.P.MURUGESAN, Advocate for the Petitioner and of MR. A.GOPINATH, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- Vide order dated 15.05.2020, this Court had enlarged the petitioner on bail on certain conditions. Thereafter, petition was filed for relaxation, which was also dismissed on 15.9.2020. Thereafter, the present petition has been filed by the petitioner seeking relaxation of the conditions on the very same ground.

2. Though it is submitted by the learned Govt. Advocate (Crl. Side) appearing for the respondents, that the petitioner has been complying with the conditions without fail, however, in view of the gravity of the offence alleged and that investigation is also underway

and, therefore, permitting the petitioner to move outside the jurisdiction of the country would be detrimental to the investigative process, this Court had earlier denied relaxation, a fortnight back, but on the very same ground, the present relaxation petition is filed.

3. Investigation being underway and in view of the gravity of the offence committed, allowing the petitioner to go outside the jurisdiction of the country would not be in the interest of justice, this Court is of the considered view that the prayer as sought for by the petitioner could be acceded to.

4. Accordingly, the petition for relaxation is dismissed. -sd/- 28/09/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SESSIONS JUDGE, SALEM.

2 THE JUDICIAL MAGISTRATE, NO.II, SALEM.

3 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, KITCHIPALAYAM POLICE STATION, SALEM CITY.

C.C. to M/S.P.MURUGESAN Advocate on payment of necessary charges Order in CRL MP.9826/2021 in CRL OP.7602/2020 Date :28/09/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 11/10/2021