Gugan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Gugan ... Petitioner Vs.

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

... Respondent PRAYER: The Criminal Original Petition filed under Section 483(1)(b) r/w 528 of BNS Act 2023, praying to set aside the order passed by the Principal Sessions Judge, Chennai in Crl.M.P.No.24070 of 2024 dated on 29.08.2024 and to modify the condition imposed by the V Metropolitan Magistrate, Egmore Chennai in Crl.M.P.No.45419 of 2024 dated 09.08.2024 that "The petitioner/Accused should appear before the respondent police station at 10.30 am for next 30 days from the date of release from the jail and after that the condition will be totally relaxed automatically".

For Petitioner : Mr. B.J.Santhosh Kumar

For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition has been filed praying to set aside the order passed by the Principal Sessions Judge, Chennai in Crl.M.P.No.24070 of 2024 dated on 29.08.2024 and to modify the condition imposed by the V Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.45419 of 2024 dated 09.08.2024 that "The petitioner/Accused should appear before the respondent police station at 10.30 am for next 30 days from the date of release from the jail. After that the condition will be totally relaxed automatically".

2. Learned counsel for the petitioner submitted that the petitioner was arrested by the respondent police on 11.07.2024 for the alleged offence under Section 380 IPC and thereafter, he was granted bail by the learned V Metropolitan Magistrate, Egmore, Chennai vide order dated 09.08.2024 made in Crl.M.P.No.45419 of 2024. Learned counsel for the petitioner further submitted that already the petitioner was granted bail in

three other cases registered by the three different police stations on condition to appear before the respective police stations at 10.30 am for the next 30 days and hence the petitioner is unable to comply with the said condition. Hence the petitioner seeks modification.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

4. Taking into consideration the above facts and submissions and also considering the fact that since the petitioner has been appearing and signing before K-9, Thiru.V.Ka Nagar Police station, Chennai in respect of other case, he is unable to appear before the respondent police to comply with the condition imposed by the V Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.45419 of 2024 dated 09.08.2024, hence the said condition is modified to that the effect that the petitioner shall appear before the K-9, Thiru.V.Ka.Nagar Police Station, Chennai for a period of 30 days.

5. With the above directions, this Criminal Original Petition stands ordered.

12.09.2024 mfa To

1. The Principal Sessions Judge, Chennai.

2. The V Metropolitan Magistrate, Egmore, Chennai

3. The Inspector of Police, K-1, Sembium Police Station, Chennai.

4. The Inspector of Police, K-9, Thiru.V.Ka.Nagar Police Station, Chennai.

5. The Public Prosecutor, High Court, Madras.

P.DHANABAL , J

mfa 12.09.2024