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Madras High CourtCRL MP/12497/2025disposed of

M.Nithya v. State Rep By, Inspector Of Police

2025-07-01Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.M.P.No.12497 of 2025 in Crl.O.P.No.10655 of 2025 M.Nithya ... Petitioner Vs.

State represented by, The Inspector of Police, J7-Velachery Police Station, Velachery, Chennai-42.

... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 528 of BNSS 2023, to relax the condition that the petitioner herein shall report before the respondent-Police twice a month viz., on 1st and 3rd Monday at 10.00 am until further orders imposed in Crl.O.P.No.10655 of 2025 dated 09.04.2025 in Crime No.58 of 2025.

For Petitioner : Mr.Pradeep Jayaraman For Respondent : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to relax the condition imposed on the petitioner vide order dated 09.04.2025 in Crl.O.P.No.10655 of 2025.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondentPolice and perused the materials available on record.

3. The petitioner had already filed Crl.O.P.No.10655 of 2025 seeking to relax the condition imposed in Crl.M.P.No.1591 of 2025 in Crime No.58 of 2025, dated 26.2.2025 passed by the Principal Sessions Judge at Chennai. This Court vide order dated 09.04.2025 modified the condition directing the petitioner to appear before the respondent-Police, twice a month, viz., on 1st and 3rd Monday at 10.00 am until further orders. Now, the petitioner has filed this criminal miscellaneous petition seeking further relaxation of the condition imposed by this Court vide order dated 09.04.2025 in Crl.O.P.No.10655 of 2025.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent-Police, on instructions, submitted that charge sheet has not yet been filed.

5. Considering the facts and circumstances of the case as well as the submissions made by the learned counsel on either side and also considering the fact that the charge sheet has not yet been filed, this Court is inclined to relax the condition to the effect that the petitioner shall appear before the respondent-Police once in a month ie., 1st Monday at 10.00 am till filing of the charge sheet before the trial Court.

6. The respondent-Police is also directed to file charge sheet within a period of three months from the date of receipt of a copy of this order.

7. With the abovesaid direction, this Criminal Miscellaneous Petition is disposed of.

01.07.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Principal Sessions Judge at Chennai.

2.The Inspector of Police, J7-Velachery Police Station, Velachery, Chennai-42.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.M.P.No.12497 of 2025 in Crl.O.P.No.10655 of 2025 01.07.2025