Madras High CourtCRL OP/26318/2022modified

A.Mohammed Haris v. State Rep By

2022-11-16Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.A.Mohammed Haris 2.S.Mohammed Shaiban ... Petitioners Vs.

The State Rep by its Inspector of Police, R-4, TIW - Pondy Bazar, Chennai.

(Crime No.215 of 2022) ... Respondent Prayer : Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C to relax the conditions imposed on petitioners in Crl.M.P.No.17211 of 2022 dated 14.09.2022 by Principal Sessions Court at Chennai. For Petitioners : Mr.T.R.Udaya Kumar For Respondent : Mr.R.Vinothraja, Government Advocate (Crl. Side)

ORDER

This petition has been filed to relax the conditions imposed on petitioners in Crl.M.P.No.17211 of 2022 dated 14.09.2022 by Principal 1/4

Sessions Court at Chennai.

2. The learned counsel for the petitioners would submit that the Lower Court while enlarging the petitioners on bail had directed the petitioners to report before the respondent police daily at 10.00 a.m. until further orders. He would further submit that the petitioners are regularly complying with the conditions from 15.09.2022 to till date and they are unable to comply with the conditions further, since they are college students.

3.Further, the learned counsel for the petitioners would submit that the petitioners have filed a petition seeking for relaxation of the condition imposed by the Trial Court in Crl.M.P.No.18754 of 2022 in Crl.M.P.No.17211 of 2022 and the learned Principal Sessions Judge by order dated 10.10.2022 was pleased to dismiss the petition. Hence, he seeks for relaxation of the above condition imposed by the Lower Court. 4.In view of the above submissions, the condition imposed by the Trial Court is modified as follows:

"That the petitioners shall appear before the 2/4

respondent police on every Saturday at 10.30 a.m., until further orders."

5.Accordingly, this Criminal Original petition is allowed and the other conditions imposed shall remain unaltered. 16.11.2022 sp To 1.The Principal Sessions Court, Chennai.

2.The Inspector of Police, R-4, TIW - Pondy Bazar, Chennai. 3.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA , J.

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