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2025 DAILYLAW 87872 (MAD)

NILAMAALAI v. The State Rep by, The Inspector of Police,

CRL MP/16001/2025 · 2025-08-22

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.M.P.No.16001 of 2025 in Crl.A.No.973 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.08.2025 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.16001 of 2025 in Crl.A.No.2147 of 2023 Nilamaalai ... Petitioner Vs. The State of Tamilnadu rep. by The Inspector of Police, NIB-CID, Kancheepuram ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to relax the condition (iii) the petitioner shall appear before the trial court on the first working day of every month at 10.30 am until further orders and if he is not able to appear before the trial court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court; imposed in order dated 09.01.2025 vide Crl.M.P.No.10728/2024 in Crl.A.No.973/2024. For Petitioner : Mr. D.Selvam For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor https://www.mhc.tn.gov.in/judis Crl.M.P.No.16001 of 2025 in Crl.A.No.973 of 2024 ORDER This Criminal Miscellaneous Petition has been filed to relax the condition imposed on the petitioner in Crl.M.P.No.10728/2024 in Crl.A.No.973/2024 in para 8(iii) on 09.01.2025, thereby directing the petitioner to appear before the trial court on the first working day of every month at 10.30 am until further orders and if he is not able to appear before the trial court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court; 2. Heard the learned counsel appearing on either side and perused the materials available on record. 3. It is seen that while granting suspension of sentence, this Court by an order dated 09.01.2025 in Crl.M.P.No.10728/2024 in Crl.A.No.973/2024 in para 8(iii), imposed one of the condition that the petitioner shall appear before the trial court on the first working day of https://www.mhc.tn.gov.in/judis Crl.M.P.No.16001 of 2025 in Crl.A.No.973 of 2024 every month at 10.30 am until further orders and if he is not able to appear before the trial court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. To relax the said condition, the petitioner filed the present petition. 4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner is complying with the conditions regularly. 5. Considering the said submission, the condition imposed as against the petitioner in Crl.M.P.No.10728/2024 in Crl.A.No.973/2024 in para 8(iii) dated 09.01.2025 is modified to the effect that the petitioner shall appear before the trial Court once in three months at 10.30 a.m., until further orders. https://www.mhc.tn.gov.in/judis Crl.M.P.No.16001 of 2025 in Crl.A.No.973 of 2024 6. Accordingly, this Criminal Miscellaneous Petition is modified. 22.08.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order nr https://www.mhc.tn.gov.in/judis Crl.M.P.No.16001 of 2025 in Crl.A.No.973 of 2024 G.K.ILANTHIRAIYAN , J nr To 1. The I Additional Special Judge, Special Court for Exclusive Trial of Cases under NDPS Act, Chennai. 2. The Inspector of Police, NIB-CID, Kancheepuram 3. The Public Prosecutor, Madras High Court, Chennai. Crl.M.P.No.16001 of 2025 in Crl.R.C.No. 973 of 2024 22.08.2025 https://www.mhc.tn.gov.in/judis