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Madras High CourtCRL OP/18853/2025ordered

Vaithiyalingam v. The State Rep.By, The Sub-Inspector Of Police,

2025-07-15Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-07-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP NO. 18853 OF 2025 Vaithiyalingam Petitioner(s) Vs The State Rep By, The Sub-Inspector Of Police Vazhapady Police Station, Salem.

Crime No.278/2024 Respondent(S) PRAYER This petition is filed seeking modification of the bail condition imposed by the learned Principal Sessions Judge, Salem in C.M.P.No.464 of 2025 by order dated 21.02.2025.

For Petitioner(s):

Mr.C.S.S.Pillai For Respondent(s):

M/s.C. Baskaran GA (crl. Side)

ORDER

This petition is filed seeking modification of the bail condition imposed by the learned Principal Sessions Judge, Salem in C.M.P.No.464 of 2025 by order dated 21.02.2025.

2. The petitioner is a senior citizen, arrested in Crime No.278 of 2024 and thereafter, he was granted bail by the Lower Court in CMP NO.3081 of 2024 dated 25.11.2025 with one of the conditions that the petitioner shall execute a bond of Rs.10,000/- to the satisfaction of the learned Judicial District Munsif, Vazhapadi, Salem.

3. Since the petitioner is unable to offer sureties, he had moved a modification petition in Crl.M.P.No.464 of 2025. The Lower Court finding that though the petitioner had wife and two sons and residing own house, the petitioner is an alcoholic had not contributed any money to the home and to take care of children and family disowned him. If the petitioner is let out on bail, he would abscond and the trial in S.C.No.399 of 2024 would get stalled and therefore, dismissed the petition.

4. Considering the fact that the bail was granted even as early as on 25.11.2024, more than four months thereafter he had filed a modification petitioner and the same was dismissed on 21.02.2025 which was confirmed by

the Apex Court and it had given the guidelines if bail bond is not executed within the time after four weeks the concerned Court shall consider the one of the bail condition relaxation, which is the case one such indulgence of the case is required that the petitioner is senior citizen aged about 71 years and he had some altercation with the neighbours. Now, the investigation has been completed and charge sheet was filed in S.C.No.399 of 2024. Though the petitioner has got family, due to the habits of the petitioner, the family disowned on him.

5. In view of the above, this Court directs the petitioner be let out on his own bond and shall ensure the petitioner's appearance before the Lower Court to appear on every Monday and Friday at 10.30 a.m., and on all hearing dates.

6. Accordingly, this petition is ordered.

15-07-2025 jai

To 1.The Sub Inspector Of Police Vazhapady Police Station, Salem.

2. The Principal Sessions Judge, Salem.

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

jai CRL OP NO. 18853 OF 15-07-2025