Madras High CourtCRL OP/30248/2024dismissed

Vijayakumar v. State Rep.By

2024-12-03Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Vijayakumar ... Petitioner Vs.

State rep by, The Inspector of Police, Omalur P.S., Salem.

(Crime No.269 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to set aside the order passed in Crl.M.P.No.2443 of 2024 passed by the Principal District and Session Judge, Salem and relax the condition i.e., "the petitioner shall appear and sign before the learned Judicial Magistrate, Omalur daily at 10.00 A.M except holidays until further orders (for minimum period of 30 days)" imposed in Crl.M.P.No.1413 of 2024 dated 24.05.2024 Special Court for Trial of Cases under SC / ST (POA), Vacation Sessions (FAC), Salem.

For Petitioner : Ms.A.Nethra

For Respondent : Mr.S.Sugendran, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to set aside the order passed in Crl.M.P.No.2443 of 2024 by the Principal District and Session Judge, Salem and relax the condition imposed by the Special Court for Trial of Cases under SC / ST (POA), Vacation Sessions (FAC), Salem in Crl.M.P.No.1413 of 2024 dated 24.05.2024.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

3. Admittedly, the petitioner was granted anticipatory bail vide order dated 24.05.2024 passed in C.M.P.No.1413 of 2024 on the file of the learned Special Court for Trial of Cases under SC and ST (POA) Act, Salem, with a condition to appear and sign before the learned

Judicial Magistrate, Omalur, daily at 10.00 am, except holidays, until further orders for a period of 30 days. Thereafter, the petitioner has filed the petition in Crl.M.P.No.2443 of 2024 on the file of the Principal Sessions Court, Salem, to relax the bail condition imposed on the petitioner. Since the petitioner did not comply with the condition regularly, the learned Sessions Court dismissed the petition. Though the petitioner has stated that due to unwell he could not comply with the condition and he has not produced the proof for the same.

4. Under the above facts and circumstances, this Court is not inclined to interfere with the order passed by the learned Sessions Judge, Salem, However, the petitioner is directed to comply with the order of the learned Sessions Judge, Salem, until further orders. If the remaining period would be duly complied with by the petitioner, the petitioner is directed to file an application before the learned Principal Session Judge, Salem and on filing of such application, the learned Sessions Judge may consider the same and pass orders on merits and in accordance with law.

5. With the above said direction, the Criminal Original Petition is

disposed of.

03.12.2024 mfa Index:Yes/No Speaking Order: Yes/No To 1.The Learned Principal District and Sessions Judge, Salem. 2.The Inspector of Police, Omalur P.S., Salem.

3.The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J mfa 03.12.2024