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2025 Supreme(Online)(Mad) 32510

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Suresh – Appellant
Versus
State Rep.By, The Inspector of Police, Magudamchavadi Police Station, Salem District. – Respondent
Crl.O.P.No. 6195 of 2025



Advocates:
For the Appellants/Petitioners: Mr.W.Camyles Gandhi
For the Respondents:Mr.A.Gopinath Government Advocate (Crl.Side)

The court determined that prior non-compliance does not justify the continued enforcement of stringent bail conditions.

Headnote:In this case, the petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2025 is analyzed. The petitioner was denied relaxation of bail conditions due to non-compliance. The Court finds that the condition should be relaxed. The main issue revolves around the interpretation of bail conditions and compliance. The Court rules that the order dismissing the relaxation is set aside, allowing for relaxation of the conditions imposed on the petitioner.

O R D E R

This Criminal Original Petition has been filed to set aside the order dated 21.01.2025 passed in C.M.P.No.119 of 2025 by the Principal Sessions Judge, Salem, thereby dismissing the application to relax the condition imposed on the petitioner in Crl.M.P.No.2736 of

2024.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was apprehended to arrest in connection with Crime No.310 of 2024 for the offences under Sections 296(b), 118(1) and 351(3) of Bharatiya Nyaya Sanhita, 2023. Subsequently, the petitioner filed an anticipatory bail petition in Crl.M.P.No.2736 of 2024 before the Principal Sessions Judge, Salem and was granted bail subject to the condition that he shall appear and sign before the learned Judicial Magistrate No.II, Sankari, daily at 10.00 am., for a period of 30 days and thereafter, as and when required for interrogation. Thereafter, the petitioner filed a relaxation petition in Crl.M.P.No.119 of 2025 in Crl.M.P.No.2736 of 2024 seeking relaxation of the said condition. However, the said petition was dismissed, by an order dated 21.01.2025 on the ground that the petitioner has not complied with the condition regularly. Challenging the same, the present petition has been filed.

4. Considering the submissions made on either side, the order passed in Crl.M.P.No.119 of 2025 in Crl.M.P.No.2736 of 2024 is hereby set aside. Accordingly, the condition imposed on the petitioner to appear and sign before the learned Judicial Magistrate No.II, Sankari, daily at 10.00 am, except holidays, until further orders is relaxed. However, the petitioner shall appear before the respondent police as and when required for interrogation.

5. With the above directions, this Criminal Original Petition is allowed. 05.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp G.K.ILANTHIRAIYAN, J.

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