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HIGH COURT OF MADRAS
T.V.THAMILSELVI, J
RAKESH KUMAR SHARMA – Appellant
Versus
STATE REP.BY – Respondent
Bail - Criminal Proceedings - IPC Section List - The judgement discusses the conditions of bail imposed under IPC Sections 406 and 420, highlighting the court's authority to modify bail conditions based on the case's circumstances, ensuring fairness and compliance with judicial procedures.
Fact of the Case:
The petitioners, accused in a criminal case, sought to modify the bail condition requiring them to appear daily in court. They had initially been granted bail with that condition but later filed a petition for a relaxation of this requirement.
Finding of the Court:
The court found merit in the petitioners' request and decided to modify the bail conditions, allowing them to appear monthly instead of daily while maintaining other conditions unchanged.
Issues: Whether the court should relax the bail condition requiring the petitioners to appear before the magistrate daily.
Ratio Decidendi: The court held that bail conditions can be adjusted based on the circumstances surrounding the case, ensuring that the requirements are reasonable and do not place undue hardship on the accused.
Final Decision: The court ordered the bail condition modified to a monthly appearance.
O R D E R
This Criminal Original Petition has been filed to set aside the order made in Crl.M.P. No.19854 of 2024 dated 23.07.2024 and relax the condition "(b) the petitioners shall appear before the said Court on all working days at 10:30AM until further orders" imposed in Crl.M.P. No.17524 of 2024 dated
01.07.2024.
2. The learned counsel for the petitioner would submit that the petitioners herein arrayed as an accused in Crime No.180 of 2024 by the respondent police for the alleged offences under Sections 406, 420 of IPC and section 66D of the Information Technology Act, subsequently, the petitioners were remanded to judicial custody on 01.07.2024. He further submitted that the petitioners filed an application in Crl.M.P. No.17524 of 2024 and they were granted bail vide order dated 01.07.2024 by the Principal Sessions Judge, Court of Sessions at Chennai by imposing the following condition in para no.6(b) that "the petitioners shall appear before the XXIII Metropolitan Magistrate Court on all working days at 10:30AM until further orders". He further submitted that the petitioners had filed a relaxation petition in Crl.M.P.No.19854 of 2024 and the same was dismissed vide order dated 23.07.2024, therefore, he filed this present petition to set aside the order of the I Additional Sessions Judge I/c.
Principal Sessions Court vide order dated 23.07.2024 in Crl.M.P.No.19854 of
2024.
3. Heard the learned Government Advocate (Criminal Side)
appearing for the respondent police.
4. Considering the facts and circumstances of the case and also submissions made on both sides, this Court is inclined to set aside the dismissal order in Crl.M.P.No.19854 of 2024 dated 23.07.2024 and also relax the condition imposed on the petitioners in para no.6(b) vide order dated
01.07.2024 in Crl.M.P.No.17524 of 2024 as follows: "the petitioners shall appear before the XXIII Metropolitan Magistrate Court once in a month for a period of six months, until further orders."
T.V.THAMILSELVI, J.
stn
5. The other conditions imposed on the petitioners vide order dated dated 01.07.2024 in Crl.M.P.No.17524 of 2024, shall remain unaltered.
6. Accordingly, this Criminal Original Petition is ordered.
02.08.2024 stn Index: Yes / no Speaking Order: Yes / no To
1. The I Additional Sessions Judge I/c. Principal Sessions Court, Chennai.
2. TheInspector of Police, R6 Kumaran Nagar Police Station, Adayar, Chennai.
3. The Public Prosecutor, Madras High Court.
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