Prince vs Inspector of Police Mohanur

IN THE COURT OF THE PRINCIPAL SESSIONS JUDGE, NAMAKKAL Present: Thiru.

N.

Gunasekaran, M.L., Principal Sessions Judge, Namakkal.

Wednesday, the 1st day of February 2023 Cr.M.P.

No.

240/2023 (CNR.

No.TNNM01-000426-2023) Prince (23)(A3) S/O.

Jayapalraj ...

Petitioner/Accused /VS/ State by: Inspector of Police, Mohanur Police Station (Crime.No.715/2021) ..

Respondent/Complainant This petition is coming on this day for hearing before me in the presence of Thiru.

P.

Muthusamy, Advocate for the petitioner and Thiru.K.

Selvam, Public Prosecutor for the respondent and upon hearing both side and upon perusing documents, this court delivers the following: ORDER This petition has been filed by the petitioner/accused praying to relax the condition imposed in Cr.M.P.No.793/2022; Dated 11.4.2022.

The petitioner is arrayed as Accused No:3 in Crime No.715/2021 before respondent police for the alleged offences u/s.328 of Indian Penal Code r/w.

Section 24(1) of Cigarette and Other Tobacco Products Act,2003 and he was granted bail by this court in Cr.M.P.No.2598/2021; Dated 23.12.2021 with direction to report and sign before the respondent police daily at 10.00 A.M until further orders.

Thereafter, the daily condition modified as per order of this Court in Cr.M.P.No.236/2022; Dated 7.2.2022 with a direction to report and sign before respondent police once in a week on every Monday at 09.00 A.M. until further orders.

Subsequently, the weekly condition modified as per order of this Court in Cr.M.P.No.793/2022; Dated 11.4.2022 with a direction to report and sign before respondent police once in a month on every first Thursday at 10.00 A.M. until further orders.

The learned counsel appearing for the petitioner/accused would submit that the petitioner has been complying the condition for the past 9 month and prays to relax the condition totally. n totally.

As per the report of the concern police and submission of learned Public Prosecutor, it is seen that no previous case is pending against the petitioner and he is promptly complying the condition as imposed upon him for the past 9 months from 5.5.2022 to 5.1.2023 without any deviation.

The records would reveal that the petitioner is complying the condition for more than One Year in pursuant to the direction of this Court in Cr.M.P.No.2598/2021; Dated 23.12.2021.

Major portion of investigation might have been completed at this point of time by considering the date of occrrence and First Information Report.

By considering the facts and circumstances of the case, duration of condition complied by the petitioners and stage of the case, this court is inclined to relax the condition totally.

This Petition is Allowed and the condition imposed on the petitioner/accused in Cr.M.P.No.793/2022; Dated 11.4.2022 is totally relaxed accordingly Pronounced by me in open court this the 1st day of February 2023.

Principal Sessions Judge, To Namakkal.

1.

The petitioners through petitioner’s counsel.

2.

The Judicial Magistrate No.II, Namakkal 3.

The Inspector of Police, Mohanur Police Station 4.

The Public Prosecutor, District Court, Namakkal.

N GUNASEKARAN Digitally signed by N GUNASEKARAN Date: 2023.02.01 19:15:07 +0530