Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 7474 (GAU)

K R NAGAPPAN v. THE STATE OF ASSAM,

I.A.(Crl.)/135/2025 · 2025-03-04

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010029752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/135/2025 K R NAGAPPAN S/O KARUPPAN, F402 CASA GRANDE R/O ESWARAN STREET, OMR, KARAPAKKAM, BEHING GRT JEWELS, KARAPAKKAM, KANCHEEPURAM, TAMIL NADU-600097, PH. 7358205222 VERSUS THE STATE OF ASSAM, REP BY THE PP ASSAM Advocate for the Petitioner : MR NIKUNJA KUMAR SARMA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 05.03.2025 Heard Mr. H.Agarwal, learned counsel for the applicant, namely K.R. Nagappam and Ms. N.Das, learned Addl.P.P. for the State opposite party. This interlocutory application has been filed praying for alteration/modification/correction of the Order dated 26.07.2024 passed in the AB No.1641/2024. Page No.# 2/3 It is submitted on behalf of the applicant that vide order dated 26.07.2024, applicant was granted pre-arrest bail in connection with AB No.1641/2024 on condition that the applicant shall appear before the Investigating Officer on every fortnight till completion of the investigation. Learned counsel for the applicant submits that the applicant is 62 years old and is suffering from Chronic Obstructive Pulmonary Disease (COPD) attacks. The applicant is also advised to take complete bed rest and medical document has been annexed to that effect. It is further submitted that the applicant is willing to co-operate with investigation of the case but he is unable to appear before the investigating agency in Guwahati every fortnight as the applicant is from Chennai. The applicant is willing to co-operate with the investigation and appear before the investigating agency as and when required but appearance on every fortnight is too stringent, a condition for the applicant as he has severe breathing problems. I have considered the submissions with circumspection. Considering the ailments of the applicant, the condition No. 22 (i) imposed upon the applicant vide order dated 26.07.2024 passed in the connected AB/1641/2024 is hereby modified with a direction to the applicant to appear before the Investigating officer as and when required by the investigating agency. With the above directions and observations, the interlocutory application stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant