Ranjithkumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.32484 of 2025

1. Ranjithkumar

2. Elumalai

3. Ranjithkumar @ Ranjith

4. Raja

5. Magesh @ Maheshwaran

6. Thangamani @ Thavamani @ Vellaiyan ... Petitioners/ Accused Vs The State Rep. By, The Inspector of Police, Deevattipatty Police Station, Salem District.

(Crime No.390 of 2025) ... Respondent/ Complainant PRAYER: This criminal original petition has been filed under Section 528 of BNSS to set aside the order made in C.M.P.No.3169 of 2025, dated 19.11.2025 on the file of the Principal Sessions Judge, Salem and consequently to relax the condition imposed in Crl.M.P.No.2265 of 2025 dated 14.08.2025 on the file of the Principal Sessions Judge, Salem.

For Petitioner(s) : Mr. W. Camyles Gandhi For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side) ******

ORDER

This criminal original petition has been filed to set aside the order made in 1/4

C.M.P.No.3169 of 2025, dated 19.11.2025 on the file of the Principal Sessions Judge, Salem and consequently to relax the condition imposed in Crl.M.P.No.2265 of 2025 dated 14.08.2025 on the file of the Principal Sessions Judge, Salem.

2.

The learned counsel appearing for the petitioners submitted that, the petitioners herein were granted anticipatory bail by the Principal Sessions Judge, Salem, vide order dated 14.08.2025 in Crl.M.P.No.2265 of 2025 for the offence under Sections 189(2), 296(b), 115(2), 118(1), 351(3) of BNS and Section 4 of TNPHW in Crime No.390 of 2025 on the file of the respondent police with one of the conditions that, the petitioners shall appear and sign before the Judicial Magistrate, Omalur daily at 10:30 a.m., except holidays, until further orders (for a minimum period of 30 days); that the petitioners have executed sureties as per the aforesaid order on 18.08.2025, however due to sudden demise of the grandmother of the petitioners herein, they started complying with the condition of appearing before the Magistrate concerned only form 18.09.

2025; that thereafter, the petitioners had filed relaxation petition before the Principal Sessions Judge, Salem in Crl.M.P.No.3169 of 2025, which was dismissed, vide order dated 19.11.2025 on the ground that the petitioners have started complying with the condition after one month from the date of execution of sureties and the petitioners 1 and 2 were absent for three and two days, respectively; that the fourth petitioner herein has irregularly complied with the conditions.

submitted that the condition imposed on the petitioners herein to appear before the Magistrate concerned is only for a minimum period of 30 days and they have complied the same, however the learned Principal Sessions Judge, Salem had declined the relief of relaxation as claimed by the petitioners herein, hence prays to set aside the order made in C.M.P.No.3169 of 2025, dated 19.11.2025. 3.

Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

4.

Considering the submissions made on both sides, the nature of allegation, this Court is inclined to set aside the order made in C.M.P.No.3169 of 2025, dated 19.11.2025 and consequently relax the condition imposed on the petitioners herein to appear and sign before the Judicial Magistrate, Omalur daily at 10:00 a.m., made in Crl.M.P.No.2265 of 2025 dated 14.08.2025 on the file of the Principal Sessions Judge, Salem and as far as the other conditions imposed on the petitioners herein, as per the aforesaid order remain unaltered.

K. RAJASEKAR, J.

stn 5.

Accordingly, this criminal original petition stands allowed. 3/4

04.12.2025 stn To

1. The Principal Sessions Judge, Salem.

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

(Crime No.390 of 2025)

3. The Public Prosecutor, High Court of Madras.

CRL OP NO.32484 of 2025 4/4