N.Imthiyas Basha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA in Crl.O.P.SR.No.56898 of 2022 N.Imthiyas Basha ... Petitioner Vs.

The State represented by, The Inspector of Police, J-5, Sasthri Nagar Police Station, Chennai.

(Crime No.212 of 2022) ... Respondent Prayer in Crl.M.P.No.17855 of 2022: Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., pleased to dispense with the production of certified copies of the bail order in Crl.M.P.No.21109 of 2022, passed by the learned Principal Sessions Court, Chennai.

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Prayer in Crl.O.P.SR.No.56898 of 2022 : Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C., pleased to modify the condition with respect to " the petitioner shall appear before the respondent Police daily at 10.30 a.m., until further orders" imposed, vide order dated 03.11.2022, in Crl.M.P.No.21109 of 2022 on the file of the learned Principal Sessions Court, Chennai in Crime No.212 of 2022 on the file of the respondent Police. For Petitioner : Mr.R.Abdul Mubeen For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

O R D E R

The criminal original petition has been filed to modify the condition imposed on the petitioner while granting bail in Crl.M.P.No.21109 of 2022, by the learned Principal Sessions Court, Chennai, whereby, the miscellaneous petition has been filed seeking to dispense with the production of certified copy of the said bail order.

2. It is clear that the criminal original petition in Crl.OP.Sr.No.56898 of 2022 has been filed to modify the condition imposed on the petitioner in Crl.M.P.No.21109 of 2022. Whereas, the petitioner 2/4

without approaching the trial Court which has granted bail, had directly approached this Court with a miscellaneous petition to dispense with the production of certified order copy along with criminal original petition in Crl.O.P.Sr.No.56898 of 2022 for the relief stated supra.

3. Heard both sides and perused the materials available on record.

4. This Court, being not satisfied with the reasons stated in the affidavit filed in support of the petitions, is inclined to dismiss the miscellaneous petition in Crl.M.P.No.17855 of 2022.

5. Accordingly, the criminal miscellaneous petition in Crl.M.P.No.17855 of 2022 stands dismissed. Consequently, the Criminal Original Petition in Crl.O.P.SR.No.56898 of 2022 is hereby rejected at the SR., stage itself. However, liberty is granted to the petitioner to approach the Court concerned with due and proper application. 30.11.2022 ham A.D.JAGADISH CHANDIRA., J.

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ham To

1. The Principal Sessions Court, Chennai.

2. The Inspector of Police, J-5, Sasthri Nagar Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

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