Manickaraja @ Karthick Raja v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Manickaraja @ Karthick Raja ... Petitioner Vs.

State Rep. Inspector of Police, Yercaud Police Station, Salem District.

Crime No.153 of 2023 ...Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the order passed in Crl.M.P.No.3218 of 2023 dated 04.11.2023 passed by the learned Principal Sessions Judge, Salem and to relax the condition imposed in Crl.M.P.No.2675 of 2023 dated 11.09.2023 to appear and sign before the respondent police station daily at 10.00.a.m., until further orders.

For Petitioner : Mr. R.Raghul For Respondent : Mr. S.Udaya Kumar learned Government Advocate (Crl. Side) 1/4

O R D E R

Petitioner herein is the named accused in Crime No.153 of 2023 registered for the offences under Sections 147, 148, 447, 294(b), 323, 324 of IPC read with Section 3(2) of TNPPDL and later granted bail vide order dated 11.09.2023, in which, learned Principal Sessions Judge, Salem imposed a condition that the petitioner shall sign before the respondent police daily at 10.00.a.m until further orders ( for a maximum period of 30 days). Later, petitioner sought for modification of the bail condition. However, that petition for modification was dismissed on the ground that, though petitioner was released from jail on 13.09.2023, he started complying the condition only from 26.09.2023. Therefore, relaxation cannot be entertained. Being aggrieved by the said order, petitioner has preferred the present petition.

2. The learned counsel for the petitioner submitted that, due to the health condition, petitioner was not able comply with the condition of reporting before the respondent police. However, from 26.09.2023 to till date, petitioner continued to report before the respondent police. Since, substantial part of the investigation is over, petitioner's presence before the 2/4

respondent police daily is not required.

3. The learned Government Advocate (Crl. Side) submitted that, petitioner is complying with the condition of reporting before the Investigation Officer daily since 23.09.2023 and it is suffice that the petitioner may appear on summons and as and when required.

4. In the light of the above submissions, this Criminal Original petitioner is modified to the effect that, petitioner shall report before the respondent police as and when required and on receipt of summons. 27.11.2023 Index : Yes/No Sma Dr.G.JAYACHANDRAN,J.

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Sma To:

1. Principal Sessions Judge, Salem

2. Inspector of Police, Yercaud Police Station, Salem District.

3. The Public Prosecutor, Madras High Court.

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