S.Deepak Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN S.Deepak Kumar ... Petitioner Vs.

The State, rep. by The Inspector of Police (L&O) V-5 Tirumangalam Police Station Chennai (Crime No.510 of 2024) ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records of the order in Crl.M.P.No.36046 of 2024 against Crl.M.P.No.33205 of 2024 dated 19.12.2024 on the file of Principal District & Sessions Court at Chennai and set aside the same and consequently relax the condition imposed in Crl.M.P.No.33205 of 2024 dated 26.11.2024. For Petitioner : Mr.M.Dhivakar For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to set aside the order passed in Crl.M.P.No.36046 of 2024 dated 19.12.2024 on the file of Principal District & Sessions Court at Chennai and consequently relax the condition imposed in Crl.M.P.No.33205 of 2024 dated 26.11.2024.

2. The learned counsel for the petitioner submitted that the petitioner was arrested on 16.09.2024 in connection with Crime No.510 of 2024 on the file of the respondent police for the offence under Sections 191(2), 191(3), 126(2), 118(1) 109(1) and 351(3) of BNS @ Sections 61(2), 191(2), 191(3), 126(2, 296(b), 118(1), 109(1) and 351(3) read with 111 of BNS. Hence, the petitioner moved a bail application before the Principal Sessions Judge, Chennai, in Crl.M.P.No.33205 of 2024 and the same was ordered on 26.11.2024 with certain conditions and one of the conditions is that the petitioner has to appear before the respondent police daily at 10 a.m. until further orders. After coming out on bail, the petitioner was regularly complying with the said condition. Subsequently, he moved a petition before the Sessions Judge in Crl.M.P.No.35043 of 2024 seeking relaxation of the said condition, but the same was dismissed 10.12.2024. Once again, the petitioner moved an application in Crl.M.P.No.36046 of 2024 seeking to relax the said condition 2/5

and the same was also dismissed by order dated 19.12.2024. Hence, the present petition is filed.

3. The learned Additional Public Prosecutor submitted that already the charge sheet was filed before the XIII Metropolitan Magistrate, Egmore, Chennai and after completion of PRC proceedings, the matter has also been committed to the Court of Sessions i.e. the Principal Sessions Judge, Chennai.

4. Since the matter has already been committed to the Court of Sessions, this Criminal Original Petition is disposed of with liberty to the petitioner to work out his remedy before the Court of Sessions, where the case is pending. 27.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Principal District & Sessions Court Chennai

2. The Inspector of Police (L&O) V-5 Tirumangalam Police Station Chennai

3. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

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