Manikandan v. State Rep By

Crl.M.P. No. 4057 of 2024 in Crl.O.P.No.4363 of 2023 T.V.THAMILSELVI, J.

This petition has been filed to modify the condition imposed on the petitioner that he shall produce the four wheeler before the Judicial Magistrate No.3, Salem on the 1st working day of every month at 10.30 a.m. until further orders made in Crl.R.P.No 38 of 2022 on the file of learned III Addl. District and Sessions Judge, Salem dated 31.01.2023 and confirmed by this Court in Crl.O.P.No.4363 of 2023 dated 03.03.2023.

2. The learned counsel for the petitioner submitted that in view of aforesaid condition, his trips got collapsed and due to which, he is not able to sustain his livelihood. The learned counsel would submit that he is regularly complying the said condition, however, he approached the trial court in C.M.P.No.3176 of 2023 seeking for relaxation of condition and the trial court directed him to approach this court for modifying the condition. Accordingly, he filed the present petition to modify the condition.

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3. The learned Government Advocate (Crl. side) appearing for respondent would submit that the petitioner is ranked as A5 and A1 is his close relative and now he is absconding. So, the prosecution is not able to enquire him. Hence, he prayed to dismiss this petition.

4. Considering the facts and circumstances and on hearing both sides and the fact since he is absconding according to prosecution, this Court is not inclined to modify the condition imposed by this court by an order dated 03.03.2023 to the petitioner in Crl.O.P. No.4363 of 2023. Accordingly, this Criminal Miscellaneous Petition is dismissed. 06.03.2024 rpp 2/3

T.V.THAMILSELVI, J.

rpp Crl.M.P.No. 4057 of 2024 in Crl.O.P. No. 4363 of 2023 06.03.2024 3/3