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Madras High CourtCRL MP/14032/2024modified

V.Mangal Kurun @ Mangal Karun v. State, Rep. By

2024-10-19Honourable Mr Justice M. Nirmal Kumar3 pages

in Crl.R.C.No.878 of 2024 M. NIRMAL KUMAR , J.

This petition has been filed seeking to relax the condition imposed in Crl.R.C.No.878 of 2024 dated 10.06.2024 that "(b) the petitioner shall report before the respondent police daily at 10.30 a.m., until filing of charge sheet. 2.The petitioner/A4 was arrested by the respondent police on 14.02.2024. Thereafter, charge sheet was not filed within the stipulated period. Hence, he filed a petition under Section 167(2) Cr.P.C. in Crl.M.P.No.3928 of 2024, which was dismissed by the trial Court on 29.04.2024, against which, he preferred a revision before this Court in Crl.R.C.No.878 of 2024. This Court entertained the revision setting aside the order of the trial Court, granted bail to the petitioner with certain conditions. One of the conditions is that petitioner to appear before the respondent police daily at 10.30 a.m.

until filing of charge sheet. This has been complied with diligently from the date of release for more than 110 days. 3.The learned counsel for petitioners submitted that petitioner is a daily wage earner. Due to the above condition he is unable to attend his work and make earnings. Hence, seeks relaxation of the condition.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that in this case investigation completed, charge sheet filed electronically using e-filing system and the same is yet to be taken on file. In view of the same, the condition may be modified to the extent that petitioner to appear before the respondent police on every Sunday till the charge sheet is taken on file and C.C. number assigned and thereafter to appear before the trial Court on all hearing dates without fail. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Additional Public Prosecutor, the order dated 10.06.2024 made in Crl.R.C.No.878 of 2024 is modified to the effect that the petitioner shall appear before the respondent police on every Sunday of a week till the charge sheet is taken on file. Once charge sheet is taken on file and C.C. number assigned, thereafter, the petitioner to appear before the trial Court on all hearing dates without fail, until further orders. All other conditions remain unaltered. 19.10.2024 rsi 2/3

M. NIRMAL KUMAR , J.

rsi in Crl.R.C.No.878 of 2024 19.10.2024 3/3