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2025 Supreme(Online)(MAD) 13068
HIGH COURT OF MADRAS
G.K. ILANTHIRAIYAN, J
M.Nithya – Appellant
Versus
State Rep by, Inspector of Police J7, Velachery Police Station, Velachery , Chennai 600 042. – Respondent
Crl.O.P.No.10655 of 2025
For the Appellants/Petitioners: Mr.Pradeep Jayaraman
For the Respondents:Mr.R.Vinothraja Government Advocate (Crl.side)
Modification of bail conditions based on compliance is permitted under applicable statutes.
Headnote:Statute Analysis: The petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 482 of the Cr.P.C. Facts: The petitioner moved to relax a reporting condition imposed by the Principal Sessions Judge after having complied for a limited period. Findings: The court noted compliance and subsequently modified the reporting conditions.
Issues: The key issue framed revolved around the necessity of the reporting condition.
Ratio Decidendi: The court reasoned that a modification was warranted due to ongoing compliance, stating the order should reflect this change.
Result: The condition imposed on the petitioner is modified for reduced frequency of reporting.
| Table of Content |
|---|
| 1. condition for reporting before police (Para 1 , 3) |
| 2. court notes compliance and considers modification (Para 2) |
| 3. government advocate supports compliance (Para 4) |
| 4. modification of conditions based on compliance (Para 5) |
| 5. final ruling allowing the petition (Para 6) |
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10655 of 2025 M.Nithya ... Petitioner Vs State Rep by, Inspector of Police J7, Velachery Police Station, Velachery , Chennai 600 042.
Crime No.58 of 2025 ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023/ Section 482 of Cr.P.C, to set aside the order dated 21.03.2025 in Crl.MP.No.2449 of 2025, on the file of the Principal Sessions Judge at Chennai and relax the condition that the petitioner shall report before the respondent police daily at 10.00 am until further orders imposed in Crl.MP.1591/2025 dated 26.02.2025 passed by the Principal Sessions Judge at Chennai.
For Petitioner : Mr.Pradeep Jayaraman For Respondent : Mr.R.Vinothraja Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to set aside the order dated 21.03.2025 in Crl.MP.No.2449 of 2025, on the file of the Principal Sessions Judge at Chennai and relax the condition that the petitioner shall report before the respondent police daily at 10.00 am until further orders imposed in Crl.MP.1591/2025 dated 26.02.2025 passed by the Principal Sessions Judge at Chennai.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner was granted bail in Crl.MP.1591 of 2025 dated
26.02.2025 by the Principal Sessions Judge at Chennai, on condition that the petitioner shall appear before the respondent Police daily at 10.00 a.m until further orders. Thereafter, the petitioner filed a relaxation petition in Crl.M.P.No.2449 of 2025. The Principal Sessions Judge at Chennai, by an order dated 21.03.2025 dismissed the petition, since the petitioner had complied with the condition only for 19 days. Hence, this Criminal Original Petition.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner has been complying with the conditions regularly.
5. Considering the facts and circumstances of the case, the order dated 21.03.2025 in Crl.MP.No.2449 of 2025, on the file of the Principal Sessions Judge at Chennai, is hereby set aside and the condition imposed on the petitioner in Crl.MP.No.1591 of 2025 dated 26.02.2025, on the file of the Principal Sessions Judge at Chennai, is modified to the effect that the petitioner shall appear before the respondent Police, twice a month viz., on 1st and 3rd Monday at 10.00 a.m, until further orders. The other conditions shall remain intact.
6. With the above directions, this Criminal Original Petition is allowed.
