Madras High CourtCRL OP(MD)/9264/2024ordered

James Osebhohier Lawerence v. The Inspector Of Police

2024-07-02Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 02/07/2024

CORAM

The Hon`ble Mr.Justice A.A.NAKKIRAN James Osebhohier Lawerence ... Petitioner/Petitioner Vs The Inspector of Police, Cyber Crime Case, Karur.

Crime No.1/2023 ... Respondent/Respondent Prayer : This Criminal Original Petition has been filed under Section 482 Cr.P.C., to set aside the conditional order passed by the learned Judicial Magistrate No.II, Karur in CMP No.506/2024 dt.29.04.2024 and relax the condition imposed in C.M.P No.4228/2023 dt.03.11.2023.

For Petitioner :

Mr.K.Anandharaja, Advocate for M/s.Murali Law Firm For Respondent :

Mr.Vaikkam Karunanithi, Government Advocate (Crl.Side) Order This Criminal Original Petition has been filed to set aside the conditional order passed by the learned Judicial Magistrate No.II, Karur in C.M.P.No.506 of 2024, dated 29.04.2024 and relax the condition imposed in C.M.P No.4228 of 2023 dt.03.11.2023 and pass such further or other orders.

2. The learned counsel appearing for the petitioner submitted that the learned Judicial No.II, Karur has passed an order in C.M.P.No.4228 of 2023, dated 03.11.2023 1/3

stating that the petitioner shall execute a bond for a sum of Rs.50,000/- with two sureties with VAO Certificate and tax receipt one is the blood surety and another one is Indian Citizenship and further after enlargement on bail, the accused shall report before the respondent Police daily at 10.00 am and sign for until further orders. He would further submit that the petitioner has complied all the conditions and thereafter, filed a relaxation petition to relax the condition imposed in C.M.P.No.4228 of 2023 that the petitioner report before the respondent police and sign daily at 10.00 am until further orders. But, the learned Judicial Magistrate has passed an order modifying the conditions imposed in C.M.P.No.4228 of 2023 that i) the petitioner shall execute a bond for a sum of Rs.

2,50,000/- with two sureties Indian Citizenship ii) the accused shall deposit a sum of Rs.2,50,000/- iii) after enlargement on bail the accused shall report before the respondent police daily at 10.00 am and sign for until further orders. In such circumstances, the petitioner has filed the present petition.

3. Heard the learned counsel appearing for both sides and perused the materials available on record.

4. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel appearing on either side, the conditional order passed by the learned Judicial Magistrate No.II, Karur in C.M.P.No.506 of 2024, dated 29.04.2024 is hereby set aside and the conditional order, dated 03.11.2023 made 2/3

in C.M.P No.4228 of 2023 is confirmed. The petitioner shall appear before the respondent Police as and when required for interrogation.

5. This Criminal Original Petition is ordered accordingly. sd/- 02/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE INSPECTOR OF POLICE, CYBER CRIME CASE, KARUR. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.9264 of 2024 Date :02/07/2024 RS/JGB/SAR-(22.07.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3