Porkodi vs The Superintendent Of Police

Heard Mr.P.Muthamizh Selvakumar for the petitioner and Mr.K.Srinivasan, learned Special Public Prosecutor for CBI Cases for the respondent.

The petitioner is Accused No.15 in Crime No.293 of 2024 on the file of K.1 Sembiyum Police Station, Chennai. The petitioner was arrested and remanded to judicial custody. A final report was filed by the aforesaid police before the V Metropolitan Magistrate at Egmore, Chennai. The case was committed to the file of the learned Principal Sessions Judge at Chennai, and was taken on file in S.C.No.425 of 2024.

The brother of a murdered individual filed a petition seeking for transfer of investigation of the matter by the Central Bureau of Investigation. This was in Crl.O.P.No.18671 of 2025. The Hon’ble Mr.Justice P.Velmurugan was pleased to allow the petition. He quashed the charge sheet and directed the entire file to be transferred to the file of the Central Bureau of Investigation. Aggrieved by the said order, the State of Tamil Nadu preferred a Special Leave Petition before the Supreme Court. The Supreme Court issued notice in S.L.P.No.15897 of 2025 and granted an order of interim stay of all further proceedings pursuant to the order of transfer. Therefore, the proceedings continued to remain pending before the learned Principal Sessions Judge at Chennai.

The State of Tamil Nadu reviewed its stand and came to the conclusion that the Special Leave Petition did not deserve to be prosecuted. Consequently, the Supreme Court permitted the Special Leave Petition to be withdrawn. The effect of withdrawal being the order passed by this Court in Crl.O.P.No.18671 of 2025 stood revived.

On account of the revival, the papers were transferred by the K-1, Sembiyum Police to the file of the Central Bureau of Investigation. Thereafter, the Central Bureau of Investigation has registered a case in R.C.No.9/S/2026 on 06.08.2026 and is currently investigating the crime.

In the meantime, the petitioner approached this Court seeking bail. By an order dated 03.12.2025, this Court granted interim bail to the petitioner in Crl.O.P.No.31821 of 2025. The petitioner was called upon to report before the learned Principal Sessions Judge at Chennai, daily at 10.30 a.m., until further orders. Subsequently, this Court made the interim bail granted on 03.12.2025 absolute and granted a regular bail on 27.02.2026. The condition to appear before the Court was continued.

Thereafter, the petitioner filed an application seeking relaxation of the said condition in Crl.M.P.No.7987 of 2026. This Court dismissed the said petition on 30.04.2026. Again, the petitioner renewed the request for relaxation in Crl.M.P.No.9957 of 2026. By an order dated 19.06.2026, this Court relaxed the condition and directed the petitioner to appear before the learned Principal Sessions Judge at Chennai, once a week on every Monday at 10.30 a.m. until further orders. The grant of bail and relaxation had taken place pending the Special Leave Petition.

As the Special Leave Petition was withdrawn, the cognizance and the committal taken thereon stood nullified on account of the orders passed by this Court in Crl.O.P.No.18671 of 2025. Therefore, the learned Principal Sessions Judge at Chennai, transferred the file to the file of the learned Additional Chief Metropolitan Magistrate at Egmore, Chennai and directed the petitioner to appear before the Court once a week.

The petitioner is suffering from a serious disease. She requires to be treated with powerful medicines. She has been undergoing treatment for the said disease since 2015. By the very nature of affliction, the petitioner has to appear before the appropriate authority and secure medicines month on month. In addition, she is also undergoing counseling for the said disease.

On account of the aforesaid circumstances, she could not appear before the learned Additional Chief Metropolitan Magistrate at Egmore on 17.08.2026. Hence, she filed an application under Section 355(1) of BNSS. The learned Additional Chief Metropolitan Magistrate did not accept the petition. Hence, the petitioner is before this Court.

When the matter came up for hearing yesterday, I requested Mr.K.Srinivasan, Senior Advocate and Special Public Prosecutor for CBI Cases to verify with the respondent whether the petitioner is indeed afflicted with the serious disease she claims to be suffering from, and whether she is co-operating with the investigating agency. For obtaining instructions on the same, I listed the matter today.

When I took up the matter for hearing, Mr.K.Srinivasan confirmed that the petitioner is in fact under treatment for the affliction which she claims to have been suffering from 2015 onwards. In addition, he added that the petitioner was summoned before the Investigating Officer on 03.10.2026 and she also appeared before the Investigating Officer. He adds so far, there has been no complaint against the petitioner for non-cooperation with the Investigating Agency.

I have considered the submissions made on both sides. I have gone through the records.

The reason for the rejection of the petition under Section 355(1) BNSS is that the petitioner seems to be under a misconception that she has to continue to appear before the learned Additional Chief Metropolitan Magistrate, Egmore, even after the withdrawal of the Special Leave Petition. The condition for bail was that the petitioner should appear before the learned Principal Sessions Judge, City Civil Court, Chennai. That condition was relaxed by this Court, calling upon the petitioner to appear once a week. With the withdrawal of the Special Leave Petition, the charge sheet that had been filed, the cognizance that had been taken, and the committal that had been done by the learned V Metropolitan Magistrate at Egmore all stand nullified. This is because, the final report itself is removed from the file of the Court, and the case now goes back to the stage of investigation. The petitioner has brought the current situation upon herself by filing a petition under Section 355(1) BNSS.

As Mr.K.Srinivasan now states that the petitioner is co-operating with the Central Bureau of Investigation and confirms that the petitioner is suffering from a serious, incurable affliction, this Court, in exercise of its powers under Section 528 of BNSS, modifies the condition imposed on the petitioner. The petitioner shall appear before the Investigating Agency, as and when required. This Criminal Original Petition stands disposed of with the above terms.