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Swastike Mukherjee v. State Rep.By

MODIFIED
Court
High Court of Madras
Decided
8 July 2026
Bench
C.Kumarappanauthor
Case no.
CRL OP 16809/2026

Judgment

ORDER This Criminal Original Petition has been filed seeking modification of the condition imposed by the learned Judicial Magistrate No.III, Tiruppur in para No.5 (iv) vide order dated 26.02.2026 in Crl.M.P.No.937 of 2026.

2.The learned counsel appearing for the petitioner submitted that the petitioner has a minor daughter aged about 5 years, who is suffering from medical ailments. Due to the said circumstances, it is very difficult for the petitioner to travel from Kolkata to Tiruppur, frequently. Hence, he prayed for modification of the condition imposed on the petitioner.

¶3However, the learned counsel appearing for the intervenor strongly opposed the application, contending that the petitioner is not cooperating with the trial proceedings and that the case is still pending at the stage of furnishing copies.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police also opposed the application on the ground that the petitioner had not complied with the conditions imposed during the month of April, 2026.

¶5I have given anxious consideration on either side submissions and perused the materials available on record. Page3 of 4

¶6Considering the submissions made by the learned counsel for the intervenor, it appears that the charge sheet has been filed and the case has been taken on file in C.C. No.724 of 2023, and the matter is still at the stage of furnishing copies. Considering the long pendency of the proceedings and balancing the requirement of ensuring a speedy trial with the grounds urged by the learned counsel for the petitioner, this Court is inclined to modify the condition imposed in paragraph No.5 (iv) vide order dated 26.02.2026 in Crl.M.P.No.937 of 2026.

¶7Accordingly, the condition that "the petitioner shall appear and sign before the respondent police station on first Monday on every month, until further orders" is modified to the effect that "the petitioner shall appear before the concerned Court, namely, the learned Judicial Magistrate-III, Tiruppur, on the first Monday of every two months, until further orders" The other conditions imposed in the order dated 26.02.2026 shall remain unaltered.

8.Accordingly, this Criminal Original Petition is modified. 08-07-2026 JRS Page4 of 4

C.KUMARAPPAN, J. JRS To

¶1The Judicial Magistrate-III, Tiruppur.

¶2The Inspector of Police, CCB Police Station, (Ref.Cr.No.50 of 2026)

3.The Public Prosecutor, Madras High Court. 08-07-2026

Case details

Parties and counsel

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Swastike Mukherjee W/o.Snehashish Mukherjee, Sanjeeva Bungalow Opposite Aquatica, New town kolkata zoo 156, P.S.new town, Bidhannagar, Commissionerate. ..Petitioner(s) Vs State rep.by Inspector of Police, CCB Police Station, (Ref.Cr.No.50 of 2026) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to modify the condition imposed by the learned Judicial Magistrate No.III, Tiruppur in para No.5 sub point IV vide order dated 26.02.2026 in Crl.M.P.No.937 of 2026, requiring the petitioner to appear and sign before the respondent police station on the first Monday of every month until further orders. For Petitioner(s): MR.ADITHYA SEM FOR FOR M/S. Ravindran Venkatachalapathy For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) MS.J.SWATHY FOR INTERVENOR Page2 of 4

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.