Suthan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04.02.2025

CORAM

The Hon`ble Mr.Justice R.SAKTHIVEL CRL OP(MD). No.2192 of 2025 Suthan ... Petitioner/Accused Vs State of Tamil Nadu rep. by the Inspector of Police, Kottar Police Station, Kanniyakumari District.

(Crime No.5 of 2025) ... Respondent/Complainant PRAYER :- This petition is filed under Section 483(1)(b) of BNSS r/w. Section 528 of BNSS to Modify the condition No.2 imposed upon the petitioner in Crl.M.P.No.114 of 2025, dated 08.01.2025 on the file of the Learned Principal Sessions Judge, Kanniyakumari District at Nagercoil.

For Petitioner : Mr.G. Aravinthan, Advocate for M/s.Aran Legal Consultancy For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed to modify the condition No.2 imposed upon the petitioner in Crl.M.P.No.114 of 2025, dated 08.01.2025 by the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil.

2. Mr.G.Aravinthan, learned counsel appearing for the petitioner submits, that the petitioner is residing at Kanniyakumari District and hence, it is very difficult for him to travel to Madurai and comply with the condition imposed by the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil in Crl.M.P.No.114 of 2025, dated 08.01.2025. Hence, he prayed for modifying the said condition.

3. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocte (Crl. side) appearing for the respondent submits, that if the condition is modified, the petitioner will abscond.

4. Considering the facts and circumstances of the case, this Court is inclined to remove the condition No. 9(ii) imposed on the petitioner by the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil, in Crl.M.P.No.114 of 2025 vide order, dated 08.01.2025.

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5. Accordingly, the condition No. 9(ii) imposed on the petitioner by the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil in Crl.M.P.No.114 of 2025, dated 08.01.2025 is hereby removed. The other conditions shall hold good.

6. To that extent, this Criminal Original Petition is allowed. Sd/- 04/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1 THE PRINCIPAL SESSIONS JUDGE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

2 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL.

3 DO-THROUGH-THE CHIEF JUDICIAL MAGISTRATE KANNIYAKUMARI DISTRICT AT NAGERCOIL.

4 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

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5 DO-THROUGH-THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

6 THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, KANNIYAKUMARI DISTRICT.

7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M/S.ARAN LEGAL CONSULTANCY, Advocate ( SR-1387[I] dated 05/02/2025 )

ORDER

IN CRL OP(MD) No.2192 of 2025 Date :04/02/2025 ES/SKN/SAR /25.02.2025/4P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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