Karunanithi v. State Rep.By Its, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Karunanithi ... Petitioner Vs State represented by its, Inspector of Police, Karuppur Police Station, Salem District.

... Respondent PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order made in Crl.M.P.No.1934 of 2024 dated 01.08.2024 on the file of the Hon'ble Principal Sessions Judge, Salem and consequently relax the condition No.3 imposed in Crl.M.P.No.399 of 2024 dated 12.02.2024 on the file of the Hon'ble Principal Sessions Judge, Salem.

For Petitioner : Mr.M.Arun For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.side)

ORDER

This petition has been filed to set aside the order made in Crl.M.P.No.1934 of 2024 dated 01.08.2024, on the file of the learned Principal

Sessions Judge, Salem and consequently relax the condition No.3 imposed in Crl.M.P.No.399 of 2024 dated 12.02.2024 on the file of the learned Principal Sessions Judge, Salem.

2. Heard the learned counsel on either side and perused the materials placed on record.

3. The learned Government Advocate (Crl.side) appearing for the respondent Police would submit that pursuant to the dismissal of the relax petition, Non Bailable Warrant was issued as against the petitioner for non compliance of the condition.

4. In view of the above, this Court is not inclined to set aside the impugned order dated 01.08.2024. However, the petitioner is at liberty to approach the Trial Court for filing appropriate application to recall the warrant under Section 68(2) of BNSS.

5. Accordingly, this Criminal Original Petition is dismissed. 03.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Principal Sessions Judge, Salem.

2. The Inspector of Police, Karuppur Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

03.02.2025