Brammamoorthy v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Brammamoorthy @ Moorthy ... Petitioner Vs.
State rep. by The Inspector of Police, Sevapet Police Station, Salem District.
(Crime No.229 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483(1)(b) of BNSS, pleased to set aside and modify the condition imposed by the Principal District Judge at Salem, vide order dated 20.11.2024 as this petitioner is directed to appear and sign before the respondent police twice daily at 09.00 a.m. and 05.30 p.m., until further orders (for a minimum period of 30 days). For Petitioner : Mr.R.Sasikumar For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)
O R D E R
This Petition has been filed to set aside and modify the condition imposed by the Principal District Judge at Salem, vide order dated 20.11.2024 1/7
as this petitioner is directed to appear and sign before the respondent police twice daily at 09.00 a.m. and 05.30 p.m., until further orders (for a minimum period of 30 days).
2.The learned counsel appearing for the petitioner would submit that the petitioner is an accused in Crime No.229 of 2024 registered by the respondent police. The petitioner had applied for bail in Crl.M.P.No.2239 of 2024 and the same was granted on 28.08.2024 with a condition that the petitioner shall executing a bond for a sum of Rs.15,000/- along with two sureties for like sum, of which one must be blood relative for the like sum to the satisfaction of the Judicial Magistrate No.III, Sankari. The petitioner was directed to appear and sign before the respondent police twice daily at 09.00 a.m. and 05.30 p.m, until further orders (for a minimum period of 30 days) and on further condition that he shall make available himself for interrogation as and when required by the Investigation Officer.
He would further submit that in this situation the petitioner was arrested in another case in Crime No.310 of 2024 of Sevapet Police Station on 02.09.2024, then the petitioner approached the Hon'ble High Court of Madras and filed a bail petition in Crl.O.P.No.24873 of 2024 and this Court granted bail to the petitioner on 14.10.
Judicial Magistrate No.III, Salem daily at 10.00 a.m., except holidays for a period of 30 days. The petitioner is complying the said condition from 19.10.2024 till today. The petitioner has moved a modification petition before the learned Principal Sessions Judge at Salem in Crl.M.P.No.3020 of 2024 and the learned Principal Sessions Judge at Salem dismissed the said petition on 20.11.2024. He would further submit that the respondent police falsely implicated the petitioner name in several cases without conducting any proper enquiry and a case in Crime No.265 of 2024 has been registered by the respondent police against the petitioner. For which the petitioner has filed a bail petition before the learned Judicial Magistrate No.II, Sankari in Crl.M.P.No.2136 of 2024 and the learned Judicial Magistrate No.II, Sankari vide order dated 01.10.2024 granted bail to the petitioner with a condition that the petitioner shall appear before the Judicial Magistrate No.II, Sankari daily at 02.00 p.m. And 05.00 p.m., until further orders. Hence the petitioner moved this modification petition.
3.The learned Government Advocate (Crl.Side) appearing for the respondent opposed for modifying the condition. 4.Heard the learned counsel for the petitioner and the learned 3/7
Government Advocate (Crl.Side) and perused the materials available on record.
5.Taking into consideration of the facts that the learned Judicial Magistrate had imposed two different conditions in respect of the cases registered by one and the same police station. Hence, the petitioner is unable to comply with the conditions. In view of the same, the condition imposed by the Principal District Judge at Salem, vide order dated 20.11.2024, as this petitioner is directed to appear and sign before the respondent police twice daily at 09.00 a.m. and 05.30 p.m., until further orders (for a minimum period of 30 days), is modified. The petitioner is directed to appear before the Judicial Magistrate No.III, Salem every day at 10.30 a.m. for a period two weeks and thereafter to appear on the first working day of every month at 10.30 a.m., until further orders. The Criminal Original Petition is ordered accordingly.
09.12.2024 ah To 1.The Principal District Judge at Salem.
2.The Judicial Magistrate No.II, Sankari.
3.The Judicial Magistrate No.III, Salem.
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4.The Inspector of Police, Sevapet Police Station, Salem District.
5.The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
ah 6/7
09.12.2024 7/7