Sivasalapathi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.32291 of 2024 1.Sivasalapathi 2.Theivathal ... Petitioners Vs.

The State Rep by its The Inspector of Police, Chennimalai Police Station, Erode District.

(Crime No.355 of 2024) ... Respondent PRAYER: Criminal Original Petition is filed under Section 483(1)(b) of B.N.S.S., praying to modify the condition that the petitioners shall stay in Sathyamangalam Town and shall not leave Sathymangalam Town, until further orders and further they were directed to report before the Inspector of Police, Sathyamangalam Police Station daily at 10.00 a.m, and shall sign from the next date of their executing bond, until further orders" in Crl.MP.No.3934 of 2024 dated 10.12.2024 by the Principal District and Sessions Judge, Erode.

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For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to modify the condition imposed in Crl.M.P.No.3934 of 2024 on the file of the Principal District and Sessions Judge, Erode by its order dated 10.12.2024.

2. The learned counsel for the petitioners would submit that the learned Principal District and Sessions Judge, Erode, while enlarging the petitioners on anticipatory bail in Cr.No.355 of 2024 for the offence under Sections 296(b), 118(1) and 351(3) of BNS, imposed one of the condition that "the petitioners to stay in Sathyamangalam Town and shall not leave Sathyamangalam Town, until further orders, further the petitioners shall report before the Inspector of Police, Sathyamangalam Police Station daily at 10.00 a.m", in Crl.M.P.No.3934 of 2024 dated 10.12.2024.

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3. The learned counsel for the petitioners submits that the petitioners are in no way connected with the alleged offence and that they have been falsely implicated in this case, due to previous enmity. He would further submits that they do not have sufficient funds to stay in Sathyamangalam, since the petitioners are poor agriculturists. Therefore, it is not possible for the petitioners to stay in Sathyamangalam, and, therefore he seeks modification of the condition imposed in Crl.M.P.No.3934 of 2024.

4. In view of the above submission, the condition imposed by the learned Principal District and Sessions Judge, Erode in Crl.MP.No.3934 of 2024 dated 10.12.2024 is modified to the effect that "the petitioners shall appear before the respondent police on every Saturday at 10.30 a.m, until further orders". All other conditions remain unaltered. Hence, this Criminal Original Petition is ordered. 07.01.2025 drl 3/4

A.D.JAGADISH CHANDIRA, J.

drl To

1. The Inspector of Police, Chennimalai Police Station, Erode District.

2. The Public Prosecutor, High Court, Chennai.

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