Appu @ Dhanasekar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Appu @ Dhanasekar ... Petitioner Vs.

The State represented by, The Inspector of Police, Gudiyatham Town Police Station, Gudiyatham, Vellore District.

(Crime No.484 of 2025) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to modify the condition that the petitioner shall appear and sign before the learned Judicial Magistrate No.III, Tirupattur, twice a day at 10.30 a.m. and 05.00 p.m. on all working days until further orders, in Crl.M.P.No.4150 of 2025 dated 19.12.2025 passed by this learned Sessions Division of Vellore District. For Petitioner : Mr.A.Vijaya Kumar For Respondent : Mr.S.Santhosh Government Advocate (Criminal Side)

O R D E R

The present Criminal Original Petition has been filed seeking modification of condition 5 (b) imposed on the petitioner in Crl.M.P.No.4150 of 2025 by the learned Sessions Division of Vellore District, vide order dated 19.12.2025.

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2.

The brief facts of the case are that the petitioner has been arrayed as A3 in Crime No.484 of 2025, registered on the file of the respondent Police on 02.12.2025, for the offences under Sections 296(b), 115(2), 121(1) and 351(2) of the BNS. Subsequently, the petitioner filed a petition in Crl.M.P.No.4150 of 2025 seeking anticipatory bail. The learned Principal Sessions Judge, vide order dated 19.12.2025, granted anticipatory bail directing the petitioner to execute a bond for a sum of Rs.10,000/- with two sureties before the Court concerned and directed the petitioner to appear before the learned Judicial Magistrate No.III, Tirupathur, twice a day at 10.30 a.m. and 05.00 p.m. on all working days until further orders, from the next day of execution of the bond. Therefore, seeking modification of the said condition, the present petition has been filed. 3.

Learned counsel appearing for the petitioner submitted that due to his illness, the petitioner was unable to execute the sureties within the stipulated time. He further submitted that the petitioner is residing at Vellore and therefore, it is difficult for the petitioner to appear before the learned Judicial Magistrate No.III, Tirupathur. Hence, he prayed to modify the condition.

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4.

Learned Government Advocate (Criminal Side) submitted that the petitioner was granted anticipatory bail by the learned Principal Sessions Judge on 19.12.2025. However, till date, the petitioner has not surrendered and executed the surety before the Court concerned. 5.

Having heard the learned counsel appearing on either side and upon perusal of the materials available on record and considering the facts and circumstances of the case, this Court is not inclined to modify the condition, as the petitioner has not executed the sureties till date. 6.

Accordingly, this Criminal Original Petition stands dismissed. However, the petitioner is at liberty to approach the Court concerned to readdress his relief.

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To 1.

The Principal Sessions Judge, Court of Sessions Division, Vellore District.

2.

The Judicial Magistrate No.III, Tirupathur.

3.

The Judicial Magistrate, Gudiyatham.

4.

The Inspector of Police, Gudiyatham Town Police Station, Gudiyatham, Vellore District.

5.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

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