Mr.John Basha v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN in W.P.No.32483 of 2024 Mr.John Basha ... Petitioner Vs.

1.The State represented by its, The Principal Secretary to Government, Home (Prison-IV A) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Prisons, Gandhi Irwin Road, CMDA Building, 2nd Tower, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison at Vellore, Thorapadi, Vellore - 632 002.

... Respondents Prayer: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, praying to modify the condition in Paragraph 5(2) in W.M.P.No.35282/2024 in W.P.No.32483/2024 dated 20.11.2024 that, the

petitioner/convict prisoner will not leave the State of Tamil Nadu without informing the local Police Station in writing at least three days in advance and shall keep them posted about his whereabouts. For Petitioner : Dr.M.Mohamed Saifulla For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court is made by S.M.SUBRAMANIAM, J.] The writ miscellaneous petition has been instituted, seeking modification of the bail conditions imposed by this Court vide order dated 20.11.2024 in W.M.P.No.35282 of 2024 in W.P.No.32483 of 2024.

2. An interim bail was granted to the petitioner/convict prisoner on conditions. Condition No.2 is that, "the petitioner/convict prisoner will not leave the State of Tamil Nadu without informing the local Police Station in writing at least three days in advance and shall keep them posted about his whereabouts."

3. The learned counsel for the petitioner would submit that the name of the Police Station has not been mentioned.

4. Thus, we are inclined to modify Condition No.2 in Paragraph 5 vide order dated 20.11.2024 in W.M.P.No.35282 of 2024 in W.P.No.32483 of 2024 and the same reads as follows:

"5(2).The petitioner/convict prisoner will not leave the State of Tamil Nadu without informing the local Police Station at Krishnagiri Town Police Station, Krishnagiri, where he resides, in writing at least three days in advance and shall keep them posted about his whereabouts."

5. In view of the above modifications, the writ miscellaneous petition stands disposed of. No costs.

[S.M.S., J.] [M.J.R., J.] 16.12.2024 Speaking order / Non-speaking order kak To

1.The Principal Secretary to Government, Home (Prison-IV A) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Prisons, Gandhi Irwin Road, CMDA Building, 2nd Tower, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison at Vellore, Thorapadi, Vellore - 632 002.

4.The Additional Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

kak in W.P.No.32483 of 2024 16.12.2024