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2025 Supreme(Online)(Mad) 41465

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
M.Nithya – Appellant
Versus
State represented by, The Inspector of Police, J7-Velachery Police Station, Velachery, Chennai-42 – Respondent
Crl.M.P.No.12497 of 2025 in Crl.O.P.No.10655 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Pradeep Jayaraman
For the Respondents:Dr.C.E.Pratap Government Advocate (Crl.Side)

The court can modify conditions of appearance before police if there is no filed charge sheet.

Headnote:This judgment relates to a Criminal Miscellaneous Petition filed under Section 528 of BNSS 2023 to relax conditions imposed by the High Court. The petitioner sought relaxation of appearing twice monthly before police as ordered earlier. The Court discussed the facts of the case and determined that the charge sheet had not been filed yet. The Court framed the issue as to whether the imposed condition could be relaxed considering the lack of a charge sheet. The Court decided to modify the condition to once a month, directing the police to file the charge sheet within three months. The final outcome was to dispose of the petition accordingly.

Table of Content
1. petitioner seeks relaxation of conditions (Para 1 , 2 , 3)
2. no charge sheet filed (Para 4)
3. court modifies conditions and disposes of petition (Para 5 , 6 , 7)

O R D E R

This Criminal Original Petition has been filed to relax the condition imposed on the petitioner vide order dated 09.04.2025 in Crl.O.P.No.10655 of 2025.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent-

Police and perused the materials available on record.

3. The petitioner had already filed Crl.O.P.No.10655 of 2025 seeking to relax the condition imposed in Crl.M.P.No.1591 of 2025 in Crime No.58 of 2025, dated 26.2.2025 passed by the Principal Sessions Judge at Chennai. This Court vide order dated 09.04.2025 modified the condition directing the petitioner to appear before the respondent-Police, twice a month, viz., on 1st and 3rd Monday at 10.00 am until further orders. Now, the petitioner has filed this criminal miscellaneous petition seeking further relaxation of the condition imposed by this Court vide order dated 09.04.2025 in Crl.O.P.No.10655 of 2025.

4. The learned Government Advocate (Crl.Side) appearing for the respondent-Police, on instructions, submitted that charge sheet has not yet been filed.

5. Considering the facts and circumstances of the case as well as the submissions made by the learned counsel on either side and also considering the fact that the charge sheet has not yet been filed, this Court is inclined to relax the condition to the effect that the petitioner shall appear before the respondent-Police once in a month ie., 1st Monday at 10.00 am till filing of the charge sheet before the trial Court.

6. The respondent-Police is also directed to file charge sheet within a period of three months from the date of receipt of a copy of this order.

7. With the abovesaid direction, this Criminal Miscellaneous Petition is disposed of.

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