Madras High CourtCRL OP/17432/2023disposed of

Karthik@Piska Karthik v. The State, Representede By

2023-08-18Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Karthik @ Piska Karthik .. Petitioner

Versus

The State, represented by Inspector of Police, K.1, Sembium Police Station, Chennai.

(Crime No.570 of 2022) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order in Crl.M.P.No.17261 of 2023 in Crl.M.P.No.12964 of 2023 in S.C.No.419 of 2022, dated 20.07.2023 to dismiss the relaxation petition filed by the petitioner on the file of the Court of Sessions at Chennai to secure the ends of justice. For Petitioner : Mr.S.Jeevanantham For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed challenging the order passed by the Court below in Crl.M.P.No.17261 of 2023, dated 20.07.2023 dismissing the relaxation petition filed by the petitioner.

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2. Heard Mr.S.Jeevanantham, learned Counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondent.

3. The petitioner was enlarged on bail by the Court below in Crl.M.P.No.12964 of 2023 by order, dated 12.06.2023. While granting bail, the petitioner was directed to appear before the II Additional Sessions Court, Chennai on all working days at 10.30 A.M. The petitioner was able to comply with this condition only for fifteen days. The petitioner therefore filed a petition to relax the condition and the same was dismissed by the Court below. Aggrieved by the same, the present petition has been filed before this Court.

4. When the matter came up for hearing on 04.08.2023, this Court passed the following order:- "The learned Additional Public Prosecutor takes notice on behalf of the respondent. He submitted that the case is now posted before the Court below for framing of charges on 16.08.2023. The petitioner shall be present before the Court below on the date of hearing and thereafter, this Court will consider passing further orders in this criminal original petition. 2/5

2. Post this case under the caption 'For Report Compliance' on 18.08.2023."

5. When the matter is taken up for hearing today, it is brought to the notice of this Court that the petitioner appeared before the Court below on 16.08.2023 and the matter now stands posted for framing of charges on 18.09.2023.

6. In the considered view of this Court, the condition imposed by the Court below is relaxed and the petitioner shall be present before the Trial Court during every date of hearing without fail.

7. This Criminal Original Petition is disposed off with the above direction.

18.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs 3/5

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N.ANAND VENKATESH, J.

grs To

1. The Sessions Court, Chennai.

2. The Inspector of Police, K.1, Sembium Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

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