IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.09.2024 CORAM THE HONOURABLE MR. JUSTICE P.DHANABAL Crl.O.P.No.21382 of 2024 M.Rajeshkanna ... Petitioner Vs.

The State represented by:

The Inspector of Police, K-2, Ayanavaram Police Station, Chennai.

(Crime No.170 of 2024) ... Respondent PRAYER: Criminal Original petition has been filed under Section 483(1)(b) r/w 528 of BNSS, to modify the conditions imposed in the bail order dated 09.08.2024 made in Crl.M.P.No.22190 of 2024 passed by the Principal Sessions Court, Chennai.

For Petitioner : Mr.L.Kodiyarasan For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

This Criminal Original petition has been filed seeking to modify the condition imposed by the Principal Sessions Court, Chennai, in Crl.M.P.No.22190 of 2024 dated 09.08.2024 that the petitioner shall appear before the respondent police daily at 10.00 am until further orders.

2. The learned Counsel for the petitioner would contend that case was registered against the accused person in Crime No.170 of 2024 on the file of the respondent police for the alleged offence under Sections 126(2), 296(b), 115(2), 309(4), 125 and 351(3) of BNS and was arrested and remanded into judicial custody on 15.07.2024. The petitioner/accused person has moved an bail application before the Principal Sessions Court, Chennai, in Crl.M.P.No.22190 of 2024 and the same was ordered on 09.08.2024. The trial Court granted bail to the petitioner with the following condition :

''(b) the petitioner shall appear before the respondent police daily at 10.00 am until further orders.''

3. The learned Government Advocate (Crl.Side) raised objection and stating that the petitioner was involved for the alleged offences under Sections 126(2), 296(b), 115(2), 309(4), 125 and 351(3) of BNS and was arrested and remanded into judicial custody on 15.07.2024. Hence, this modification petition is liable to be dismissed.

4. Considering the submission made by both the counsels and considering the allegation that there is a threat from the Police and considering other aspects, this Court is inclined to modify the condition imposed in the bail order in Crl.M.P.No.22190 of 2024 dated 09.08.2024 passed by the learned Principal Sessions Court, Chennai. Accordingly, condition (b) is modified as ''the petitioner shall appear before the concerned Jurisdictional Magistrate on every working day at 10.30 am, until further orders. The other conditions imposed by the Principal Sessions Court, Chennai, vide order dated 09.08.2024 in Crl.M.P.No.22190 of 2024 remain intact.”

5. Accordingly, this Criminal Original Petition is allowed.

03.09.2024 Index : Yes/No Internet : Yes/No ssa To

1. The Principal Sessions Court, Chennai.

2. The Inspector of Police, K-2, Ayanavaram Police Station, Chennai.

3.The Public Prosecutor, Madras High Court.

P.DHANABAL, J., ssa

03.09.2024