Sivan v. The State Rep By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

1. Sivan

2. Rajasekar

3. Abavanan @ Prabakaran

...Petitioners

Vs.

The State Rep. by The Sub-Inspector of Police, Tirupathur Taluk Police Station, Tirupathur.

...Respondent

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to modify the condition imposed in Para "5. (b) The petitioner shall appear and sign before the Judicial Magistrate No.II, Tirupathur, daily at 10.00 AM on all working days until further orders from the next day of execution of bond before the Magistrate Court; Thereafter, he can file a modification petition after 60 days;" in Crl.M.P.No.98 of 2025 dated 29.05.2025 by the learned District and Sessions Judge at Tirupathur.

For Petitioners : Mr.R.Parthiban For Respondent : Mr.S.Vinoth Kumar, Govt. Advocate (Crl.Side) *****

ORDER

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This petition has been filed seeking to modify the one of the conditions imposed that the petitioners shall appear and sign before the Judicial Magistrate No.II, Tirupathur, daily at 10.00 AM on all working days until further orders from the next day of execution of bond before the Magistrate Court and thereafter, they can file a modification petition after 60 days;" in Crl.M.P.No.98 of 2025 dated 29.05.2025 by the learned District and Sessions Judge at Tirupathur.

It is seen that the petitioners have been arrayed as A1 to A3 in Cr.No.176 of 2025 and they filed petition under Section 482 of BNSS seeking anticipatory bail, before the learned Sessions Judge, Tirupattur. The learned Judge, by an order dated 29.05.2025 granted anticipatory bail imposing certain conditions. One of the conditions is that the petitioners should appear and sign before the learned Judicial Magistrate No.II, Tirupattur, daily at 10.00 a.m. on all working days until further orders, from the next day of execution of the bond before the Magistrate and thereafter they can seek modification by filing appropriate petition. Now the petitioners are before this Court seeking to modify the same. A careful reading of the order passed by the learned 2/4

Sessions Judge, shows that in order to ensure fair investigation and to prevent the petitioners from attempting to tamper the witnesses, the learned Sessions Judge imposed certain conditions, which are quite reasonable. Further the learned Sessions Judge also given liberty to the petitioners to file appropriate petition for modification of the condition after 60 days. Therefore this Court is not inclined to modify the condition as sought for by the petitioners.

Accordingly, this Criminal Original Petition stands dismissed.

18.06.2025 cgi Speaking /Non-speaking order To

1. The District and Sessions Judge at Tirupathur.

2. The Sub-Inspector of Polilce, Tirupathur Taluk Police Station, Tirupathur.

3. The Public Prosecutor, High Court of Madras. 3/4

P.VELMURUGAN, J.

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