Chinnamariyappan v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR in Crl.O.P. No. 26632 of 2024

1. Chinnamariyappan S/o.Thangavel, D.No.294, Kurinji Nagar, Dadagapatti, Seelanaickanpatti, Salem-636 006.

2.Dinesh S/o.Chinnamariyappan, D.No.294, Kurinji Nagar, Dadagapatti, Seelanaickanpatti, Salem-636 006.

3.Sathish S/o.Muniyandi, D.No.314/C, Kuruvikulam road, Melpaguthi, Thiruvengadam, Sankarankovil, Tirunelveli-627 719.

Petitioner(s) Vs State rep.by, The Inspector of Police, Magudamchavadi Police Station, Salem District.

Cr.No.217/2024.

Respondent(s) PRAYER Criminal Miscellaneous Petition filed under SEction528 of BNSS to relax the condition that the petitioners shall report before the Judicial Magistrate 1\6

No.II, Sankagiri Court monthly once i.e. on first working day of every English calendar month, until further orders in Crl.M.P.No.870 of 2025 in Crl.OP.No.26632 of 2024 dated 22.01.2025 on the file of this Hon'ble court. For Petitioners :: Mr. M.Rajkumar For Respondent :: Mr.A. Amarnath, Counsel for Govt. of Tamil Nadu (Crl. Side)

ORDER

The petitioners/Accused Nos. 1, 2 and 5 in Crime No. 217 of 2024 on the file of the respondent Police had obtained anticipatory bail vide order dated 20.08.2024 in Crl.M.P. No. 2163 of 2024 from the Sessions Court, Salem and one of the conditions imposed by the learned Principal Sessions Judge, Salem, while granting anticipatory bail was that the petitioners have to appear and sign before the respondent Police twice daily at 10a.m. and 5p.m..(for a minimum period of 30 days.) 2.

Subsequently, the petitioners filed a petition seeking relaxation of the aforesaid condition imposed before the Sessions Court in Crl.M.P. No. 2561 of 2024 and by order dated 01.10.2024, the said petition came to be dismissed. Thereafter, the petitioners approached this Court by filing Crl.O.P. No. 26632 of 2024 seeking to set side the order dated 01.10.2024 2\6

passed in Crl.M.P. No. 2561 of 2024 by the learned Principal Sessions Judge, Salem and to relax the condition, namely, to appear before the respondent Police twice daily at 10am.and 5p.m.(for a minimum period of 30 days). This Court, by order dated 25.10.2024, on considering the fact that the petitioners were regularly reporting before the respondent Police twice from 17.10.2024, that the investigation was completed, final report was also filed and that the appearance of the petitioners before the Investigating Officer was no longer required, modified the condition to the effect that the petitioners shall report before Judicial Magistrate No.II, Sankagiri, once in a week on every Monday at 10.30 a.m. until further orders.

3.

Thereafter, the petitioners filed Crl.M.P. No. 870 of 2025 in Crl.O.P. No. 26632 of 2024 seeking further relaxation of the aforesaid condition and this Court, by order dated 22.01.2025, modified the condition and directed that the petitioners shall report before Judicial Magistrate No.II, Sankagiri, once in a month on the first working day until further orders. The present criminal miscellaneous petition has been filed seeking relaxation of the said condition. 4.

The contention of the learned counsel for the petitioners is that due to the condition imposed, the petitioners are unable to carry on with their avocation and put to grave prejudice. From the year 2024, they have been appearing before the respondent Police and thereafter, before the Court concerned periodically. He would further submit that though the charge sheet 3\6

was filed as early as in the year 2024, copy of the same is yet to be served on the petitioners and mechanically, they have been appearing before the Court of Judicial Magistrate No.II, Sankagiri.

5.

Learned Government Counsel for the respondent submitted that in this case, e-filing of charge sheet was done on 09.11.2024 and thereafter, he is unable to state for what reason, it has been kept pending. 6.

In view of the above, this Court directs Judicial Magistrate No.II, Sankagiri to take up the final report filed in Crime No. 217 of 2024 by the respondent Police, on his file, if not so far taken and proceed with the trial, without any delay.

7.

The condition imposed on the petitioners, namely, to appear before Judicial Magistrate No.II, Sankagiri, once in a month on the first working day, stands totally relaxed.

02-06-2026 nv 4\6

To

1. The Judicial Magistrate No.II, Sankagiri.

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

Cr. No. 217/2024.

3. The Public Prosecutor, High Court, Madras.

5\6

M.NIRMAL KUMAR J.

nv CRL MP No. 1313 of In Crl.O.P. No. 26632 of 02-06-2026 6\6