Allowed

N.Jayanthi v. the State Rep.by

Madras HC5 Dec 2024CRL OP/30494/2024

Case brief

AI extract

What is this about?

This single-judge order allowed a Criminal Original Petition filed by two female accused seeking to set aside a condition of appearing before police every fifteen days under anticipatory bail rules. The court held their regular presence was no longer necessary for investigation. The strict reporting period was set aside without replacement.

What did the court decide?

The order directing petitioners to appear before police every fifteen days is set aside; they are directed to appear as and when required for interrogation.

N.Jayanthi Vs the State Rep.by — Anticipatory Bail | Madras HC (2024)

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Crl OP No.30494 / 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.12.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE SUNDER MOHAN

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Crl.O.P.No.30494 of 2024

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1. N.Jayanthi

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2. Yasodha ...Petitioners/1 st and 4 th accused

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Versus

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The State Rep. by The Inspector of Police F-5 Choolaimedu Police Station, Chennai. ...Respondent

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PRAYER : Criminal Original Petition filed under Section 528 of the B.N.S.S. Act, to set aside the order passed in Crl.M.P.No.32710 of 2024 in Crl.M.P.No.28113 of 2024 in Crl.M.P.No.24312 of 2024 in Cr.No.337 of 2024 on the file of the Court of Sessions at Chennai.

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For Petitioners : Mr.N.D.Sivakumaran

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For Respondent : Mr. S.Sugendran Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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Crl OP No.30494 / 2024

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O R D E R

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The petition seeks to set aside the order passed by the learned

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Principal Sessions Judge, the Court of Sessions at Chennai, in Crl.M.P.No.32710 of 2024, dated 21.11.2024, directing the petitioners/A1 and A4 to appear before the respondent police once in fifteen days at 10.00 a.m. until further orders.

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Mr.N.D.Sivakumaran, the learned counsel for the petitioners/A1 and A4, would submit that the petitioners and other accused, were granted anticipatory bail and they were asked to report before the respondent police daily at 10.00 a.m., until further orders, by an order dated 02.09.2024 in Crl.M.P.No.24312 of 2024; that the said condition was modified by the order in Crl.M.P.No.28113 of 2024 by directing the petitioners/A1 and A4, to appear once in a week on every Monday at 10.00 a.m., until further orders; and that by the impugned order dated 21.11.2024, the learned Principal Sessions Judge, the Court of Sessions at Chennai, had directed the petitioners/A1 and A4 to appear before the respondent police once in fifteen days at 10.00 a.m., until further orders.

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https://www.mhc.tn.gov.in/judis

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Crl OP No.30494 / 2024

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(b) The learned counsel for the petitioners/A1 and A4 further submitted that the petitioners are ladies and their presence before the respondent is not required for the further investigation and sought relaxation of the said condition.

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Mr.S.Sugendran, the learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that the petitioners may be directed to appear as and when required for the interrogation.

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Considering the submissions made on either side, this Court is of the view that the order passed by the learned Principal Sessions Judge, Court of Sessions at Chennai, in Crl.M.P.No.32710 of 2024 dated 21.11.2024, can be set aside since the appearance of the petitioners before the respondent is no longer required for the investigation. The condition imposed on the petitioners/A1 and A4 is to appear before the respondent police once in fifteen days at 10.00 a.m. until further order is hence set aside. The petitioners are directed to appear before the respondent police as and when required for the interrogation.

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https://www.mhc.tn.gov.in/judis

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Crl OP No.30494 / 2024

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Accordingly, this Criminal Original Petition stands allowed.

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05.12.2024

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dk Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

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To The Inspector of Police F-5 Choolaimedu Police Station, Chennai.

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https://www.mhc.tn.gov.in/judis

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Crl OP No.30494 / 2024

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SUNDER MOHAN, J

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Crl.O.P.No.30494 of 2024

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Dated: 05.12.2024

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https://www.mhc.tn.gov.in/judis

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N.Jayanthi v. the State Rep.by

Case brief

What is this about?

What did the court decide?

N.Jayanthi v. the State Rep.by

Case brief

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