V.Megaraj v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.11.2024 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.V.Megaraj 2.A.Veeramuthu 3.V.Chellammal 4.V.Latha 5.A.Sathyamurthy ... Petitioners Vs.

The State Represented by, The Inspector of Police, Thalavai Police Station, Ariyalur District.

(Crime No.92 of 2024)

...Respondent

PRAYER: Criminal Miscellaneous Petition is filed under Section 483 (1) (b) of BNSS, Act 2023, praying to modify the 2nd condition imposed in Crl.MP.No.4039 of 2024 dated 21.10.2024 in Crl.MP.No.4328 of 2024 dated 11.11.2024 on the file of Principal District and Sessions Judge at Ariyalur in Crime No.92 of 2024 on the file of the respondent. For Petitioners : Mr.R.Krishnamurthy For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

O R D E R

This petition has been filed to modify the 2nd condition imposed on the petitioner in Crl.MP.No.4039 of 2024 dated 21.10.2024 on the file of Principal District and Sessions Judge at Ariyalur in Crime No.92 of 2024 on the file of the respondent police.

2. Learned counsel appearing for the petitioners would submit that the petitioners were granted anticipatory bail by the Lower Court for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023 in Cr.No.92 of 2023. They were granted anticipatory bail on 21.10.2024 and the Lower Court while granting anticipatory bail had imposed one of the condition that "the petitioners/accused shall appear and sign before the Respondent Police Station, daily at 10.00 a.m., until further orders". He would further submit that the petitioners have approached this Hon'ble Court in Crl.MP.No.4039 of 2024, to modify the condition No.2, since the petitioners have not filed modification petition before the concerned Court, which has granted anticipatory bail, this Court has dismissed the anticipatory bail petition. He would further submit that the petitioners 2/4

subsequently filed a modification petition in Crl.MP.No.4328 of 2024, seeking for modification in condition No.2 and also for extension of time. But, the concerned Court extended only time for surrender and the condition No.2 remains unaltered and thereby, the present petition seeking modification has been filed.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners complied with the condition only for one day.

4. Considering the submissions of the learned counsel on either side, the condition imposed by this Court in Crl.M.P.No.4039 of 2024 dated 21.10.2024, is modified to the effect that (i) the first, second and fifth petitioners shall appear before the respondent police for a period of one week at 6.30 p.m, and thereafter on every Saturday at 6.30 p.m, for a period of four weeks and thereafter as and when required.

(ii) the third and fourth petitioners, being ladies, shall appear before the respondent police for a period of one week at 6.30 p.m, and thereafter as and when required for interrogation. 3/4

A.D.JAGADISH CHANDIRA.J., drl

5. With the above directions, this criminal miscellaneous petition is ordered.

22.11.2024 drl To 1.The Inspector of Police, Thalavai Police Station, Ariyalur District.

2.The Public Prosecutor, High Court of Madras, Chennai.

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