Thamaraikannan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2024

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Thamaraikannan ... Petitioner Vs State Rep. by Inspector of Police, Palladam Police Station, Tirupur.

(Crime No.400 of 2024) ... Respondent PRAYER : Criminal Original Petition filed Under Section 482, Code of Criminal Procedure praying to relax the condition (1) imposed on the petitioner by an order dated 05.06.2024 in Crl.M.P.No.943 of 2024 on the file of the Principal Sessions Judge, Tiruppur by granting condition to the petitioner to appear and sign before the respondent police daily at 10.00a.m. until further orders.

For Petitioner :

Mr.K.M.C.Arunmokan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1\5

O R D E R

This Criminal Original Petition has been filed seeking to relax the condition (1) imposed on the petitioner by an order dated 05.06.2024 in Crl.M.P.No.943 of 2024 on the file of the Principal Sessions Judge, Tiruppur by granting condition to the petitioner to appear and sign before the respondent police daily at 10.00a.m. until further orders.

2. The learned counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 30.04.2024 for the alleged offences under Sections 307, 392, 394, 447 and 354 of IPC in Crime No.400 of 2024 on the file of the respondent police. This petitioner has arrayed as Accused No.2. This petitioner has filed a Bail petition in Crl.M.P.No.943 of 2024 before the Principal Sessions Judge, Tiruppur and the Hon'ble Trial Court was passed an order dated 05.06.2024 and grant bail to this petitioner and imposed condition(1) that the petitioner should appear and sign before the respondent police daily at 10.00a.m until further orders. He further submitted that till date this petitioner is complying with 2\5

the conditions regularly. The investigation is almost over, the properties are seized and there are no previous criminal case against the petitioner. Further, the petitioner's wife namely Mrs.Anji is a pregnant lady and she is diagnosed with pre-term hyper persis pregnancy and she is at later stage of the pregnancy and her due is by next month. The petitioner is residing at Ichampatti Village and he is hailing from poor family. Due to the condition imposed by the learned Principal Sessions Judge, Tiruppur, the petitioner is unable to take care of his wife and he is unable to go work regularly. Therefore, the petitioner, seeking to relax the condition imposed on the petitioner by an order dated 05.06.2024 in Crl.M.P.No.943 of 2024 on the file of the Principal Sessions Judge, Tiruppur and filed this present relaxation petition.

3.Heard, Mr.K.M.C.Arunmokan, learned counsel for the petitioner and Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Crl.Side) appearing for the respondent.

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4. Taking into consideration of the facts and the submissions made by the learned counsel for the petitioner, the condition imposed by the trial Court in condition No.1 by an order dated 05.06.2024, passed in Crl.M.P.No.943 of 2024, which reads that "the petitioners should appear and sign before the respondent police daily at 10.00a.m. until further orders." this Court modified the said condition (1) and this petitioner is directed to report before the respondent police on 1st day of every month at 10.30a.m. for the period of three months, the other conditions imposed by the trial Court remain unaltered.

5. Accordingly, this Criminal Original Petition is ordered. 30.07.2024 Index : Yes/No Speaking/Non Speaking order gvn To The Principal Sessions Judge, Tiruppur 4\5

T.V.THAMILSELVI, J.

gvn 30.07.2024 5\5