Madras High CourtCRL OP/16952/2024disposed of

Suman v. The State Rep. By

2024-07-19Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2024

CORAM

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Crl.O.P.No.16952 of 2024 Suman. M .... Petitioner

Versus

The State Rep. by The Inspector of Police, J3, Guindy Police Station, Guindy, Chennai - 600 032.

(Crime No.232 of 2024) .... Respondent Prayer: The Criminal Original Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed by the Principal Sessions Judge, Chennai, in Crl.M.P.No.16803 of 2024 in Crl.M.P.No.14525 of 2024 dated 24.06.2024 and relax the condition that the petitioner is directed to appear before the IX Metropolitan Magistrate, Chennai, daily at 10.30 a.m. and 5.00 p.m. until further orders. -1-

For Petitioner : Mr.R.Balachanderan For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) - - - - -

ORDER

The petitioner herein is the fifth accused in Crime No.232 of 2024 pending on the file of J3, Guindy Police Station. The Principal Sessions Judge, Chennai, has granted anticipatory bail to the petitioner on 29.05.2024 on condition that the petitioner should appear before the respondent police daily at 10.00 a.m until further orders.

2. When the petitioner filed a petition to relax the said condition stating that he is regularly complying the condition for 16 days and therefore, the condition imposed must be relaxed. The Principal Sessions Judge, Chennai, has dismissed the petition stating that the petitioner has complied with the condition only for 17 days and no reason stated to relax the condition. Therefore, the condition to report before the -2-

respondent daily at 10.00 a.m has been modified to the effect that the petitioner should report twice daily. Aggrieved by the same, the present petition is filed.

3. The learned Government Advocate (Crl.Side) states that the petitioner, after dismissal of the relaxation petition on 24.06.2024, continued to comply the condition till date. He further states that the investigation is almost completed and final report will be filed within a period of four (4) weeks.

4. Taking into consideration the subsequent development, the order passed by the Principal Sessions Judge, Chennai, in Crl.M.P.No.16803 of 2024 in Crl.M.P.No.14525 of 2024 dated 24.06.2024, is set aside and the condition imposed on 29.05.2024 in Crl.M.P.No.14525 of 2024 is modified to the effect that the petitioner shall report before the Investigating Officer every Monday at 10.00 a.m till filing of the final report.

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DR.G. JAYACHANDRAN, J.

asi With the above direction, this Criminal Original Petition is disposed of.

19.07.2024 asi To

1. The Inspector of Police, J3, Guindy Police Station, Guindy, Chennai - 600 032.

2. The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.16952 of 2024 -4-