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Madras High Court

Mahadeer Ali vs State Through on 7 December, 2021

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                          Crl.O.P(MD)No.19338 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 07.12.2021

                                                      CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P(MD)No.19338 of 2021

                     Mahadeer Ali                                        ... Petitioner

                                                         Vs.
                     State through
                     The Inspector of Police,
                     Ilayankudi Police Station,
                     Sivagangai District.                                ... Respondent



                     Prayer: This Criminal Original Petition is filed under Section 482 of

                     Cr.P.C., to call for the records relating to the common order passed by the

                     Principal Sessions Judge, Sivagangai, in Cr.M.P.No.4187 of 2021 dated

                     11.11.2021 in Crl.M.P.No.3383 of 2021 (pending on the file of the

                     learned Principal District Judge, Sivagangai) and set aside the portion of

                     the onerous condition of directing the petitioner to appear once in a

                     month till the charge sheet filed in concern and relax the condition.


                                  For Petitioner       : Mr.S.Siva Ilayaraja
                                  For Respondent       : Mr.T.Senthil Kumar,
                                                        Addl. Public Prosecutor.

https://www.mhc.tn.gov.in/judis
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                                                                              Crl.O.P(MD)No.19338 of 2021


                                                       ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

2.The petitioner was granted anticipatory bail by the Court below.

But then, a condition that he should appear before the respondent police once in a month till the filing of the final report was stipulated. The learned counsel for the petitioner would point out that in the case of co-accused, a learned Judge of this Court did not impose any such condition. The petitioner is definitely entitled to treatment of parity. It is stated by the petitioner's counsel that the petitioner is not having any previous case.

3.In view of the said submission, the impugned order is set aside and the condition is totally relaxed. This criminal original petition is allowed.

07.12.2021 Index :Yes/No Internet : Yes/No ias https://www.mhc.tn.gov.in/judis 2/4 Crl.O.P(MD)No.19338 of 2021 Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Principal Sessions Court, Sivagangai.
2.The Principal District Court, Sivagangai.
3.The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

https://www.mhc.tn.gov.in/judis 3/4 Crl.O.P(MD)No.19338 of 2021 G.R.SWAMINATHAN, J.

ias Crl.O.P(MD)No.19338 of 2021 07.12.2021 https://www.mhc.tn.gov.in/judis 4/4