Madras High CourtCRL OP/7108/2025modified

Parthiban v. State Rep. By,

2025-03-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Parthiban ... Petitioner Vs State rep., by The Inspector of Police, Sirkali Police Station, Mayiladuthurai District.

... Respondent (Crime No. 549 of 2024) PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to set aside the order in Crl. M.P. No. 165 of 2025 on the file of the District and Sessions Judge, Mayiladthurai District dated 17.02.2025 and relax the condition on the petitioner to appear and sign before the Judicial Magistrate No.1, Thanjavaur on all working days at 10.00 a.m., from 24.02.2025 until examination of prime witness in S.C.No. 84 of 2022 and he should not enter the Sirkali jurisdiction. For Petitioner : Mr. C.T. Saravanan For Respondent : Mr. A. Gopinath, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to set aside the order in Crl. M.P. No. 165 of 2025 on the file of the District and Sessions Judge, Mayiladthurai District dated 17.02.2025 and relax the condition of the petitioner to appear and sign before the Judicial Magistrate No.1, Thanjavaur on all working days at 10.00 a.m., from 24.02.2025 until examination of prime witness in S.C. No. 84 of 2022 and he should not enter the Sirkali jurisdiction.

2. The petitioner's leg was broken and now, he is taking treatment in Thanjavur Medical College and Hospital. Therefore, the petitioner could not able to comply the condition imposed by the District and Sessions Court, Mayiladuthurai District while granting bail in Crl. M.P. No. 165 of 2025 dated 17.02.2025 and the petitioner also produced medical records and also photographs to show that the petitioner is now taking treatment in the hospital.

3. That apart, on the petition filed by the complainant challenging the Sessions case in which the petitioner is an accused in S.C. No. 84 of 2022 on the file of the Principal District and Sessions Judge, Mayiladuthurai has been

stayed by this Court in Crl. M.P. No. 2662 of 2025 in Crl. O.P. No. 2662 of 2025 dated 17.02.2025.

4. In view of the above, the condition imposed in Crl. M.P. No. 165 of 2025 on the file of the District and Sessions Judge, Mayiladthurai District dated 17.02.2025 is modified to that extent that the petitioner shall report before the Judicial Magistrate No.I, Thanjavur, 15 days once, until further orders.

5. Accordingly, this Criminal Original Petition stands modified. 12.03.2025 Index:Yes/No AT

G.K.ILANTHIRAIYAN. J, AT To 1.The District and Sessions Judge, Mayiladthurai District. 2.The Judicial Magistrate No.1, Thanjavaur.

3.The Inspector of Police, Sirkali Police Station, Mayiladuthurai District.

4.The Public Prosecutor, High Court, Madras.

12.03.2025