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Madras High CourtCRL OP(MD)/9054/2025allowed

Rajasekaran v. The State Of Tamilnadu

2025-05-22Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI Crl.O.P.(MD) No.9054 of 2025 Rajasekaran ... Petitioners / Accused Vs.

State of Tamil Nadu, The Inspector of Police, Tamil University Police Station, Thanjavur.

(Crime No.61 of 2024)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, to set aside the order passed by the learned I Additional District and Sessions Judge (PCR), Thanjavur in Crl.M.P.No.344 of 2025 dated 02.05.2025 and relax the conditions.

For Petitioner : Mr.M.Yesudasan For Respondent : Mr.K.Gnanasekaran Government Advocate (Crl. Side) O RDER This Petition has been filed to set aside the order, dated 02.05.2025, made in Crl.M.P.No.344 of 2025 on the file of the learned I Additional District and Sessions Judge (PCR), Thanjavur and relax condition imposed upon the petitioner in Crl.M.P.No.1311 of 2024 dated 31.12.2024.

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2. The petitioner / Accused was enlarged on bail by the learned I Additional District and Sessions Judge (PCR), Thanjavur in Crl.M.P. No.496 of 2024 dated 09.05.2024 and the petitioner was directed to appear and sign before the respondent police station daily at 09.00 a.m. till the investigation is completed. Subsequently, the said condition was modified on 24.06.2024 directing the petitioner to sign before the Tamil University police station once in a week on every Monday at 10.00 a.m. until further orders, without fail. Subsequent to the same, after complying the said condition for a period of 11 weeks, the petitioner has moved another petition in Crl.M.P.No.906 of 2024 seeking total relaxation of the said condition and the same was also partly allowed on 26.09.2024 and the said condition was modified directing the petitioner to sign before the Tamil University police station twice in a month on 2nd and 4th Sunday of every month at 10.00 a.m. until further orders, without fail.

3. Later, the petitioner again moved another petition seeking same relief in Crl.M.P.No.1311 of 2024. Since the petitioner has complied with the aforesaid condition for a period of three months, the learned trial Judge partly allowed the said petition on 31.12.2024 directing the petitioner to sign before the Tamil University Police Station, Thanjavur 2/6

once in a month on 1st day of every Month at 10.00 a.m. until further orders, without fail. The petitioner again moved another petition seeking total relaxation of the condition imposed upon him in Crl.M.P.No.1311 of 2024. By considering the fact that the petitioner appeared and signed only three months before the Tamil University Police Station, Thanjavur and also considering the strong objection raised by the Special Public Prosecutor, the learned trial Judge dismissed the said petition. Hence, the petitioner has filed the present petition before this Court.

4. The learned counsel for the petitioner submits that the petitioner is working in Indian Air Force, and he is the only earning member of his family. Further, he submits that the petitioner has been complying with the condition imposed on him regularly. The petitioner has failed to appear and sign before the respondent police in the month of May 2025 and hence, the respondent police is taking steps to cancel the bail granted to the petitioner.

5. The learned Government Advocate (Criminal Side) appearing for the respondent submits the charge sheet has been filed in this case in S.S.C.No.28 of 2025 on 21.02.2025, and the matter is now posted for hearing on 19.06.2025. The petitioner was regularly complying with the 3/6

condition imposed on him, but on 01.05.2025, he has failed to appear and sign before the respondent police.

6. In view of the submissions made by either side, this Court is inclined to totally relax the condition imposed on the petitioner in Crl.M.P.No.1131 of 2024, dated 31.12.2024, passed by the learned I Additional District and Sessions Judge (PCR), Thanjavur.

7. Accordingly, this Criminal Original Petition is allowed, and the order, dated 02.05.2025, passed in Crl.M.P.No.344 of 2025 on the file of the learned I Additional District and Sessions Judge (PCR), Thanjavur is set aside, and the condition imposed on the petitioner in Crl.M.P.No.1131 of 2024, dated 31.12.2024, passed by the learned I Additional District and Sessions Judge (PCR), Thanjavur is hereby fully relaxed. However, this Court directs the petitioner to appear before the I Additional District and Sessions Judge (PCR), Thanjavur on 19.06.2025 and on all further hearing dates, without fail.

22.05.2025 Index : Yes/No Internet : Yes/No mkn 4/6

To 1.The I Additional District and Sessions Judge (PCR), Thanjavur.

2.The Inspector of Police, Tamil University Police Station, Thanjavur.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

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