Madras High CourtCRL OP(MD)/2436/2024modified

Vellaipandi v. The Sub Inspector Of Police

2024-02-16Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI 1.Vellaipandi 2.Murugan 3.Marimuthu ... Petitioners/Accused No.1 to 3 Vs.

The Sub-Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

Crime No.57 of 2024 ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 r/w. Section 439(1) of the Code of Criminal Procedure, to modify the condition in Crl.M.P.No.1540 of 2024 dated 09.02.2024 on the file of the III Additional District and Sessions Judge, Tirunelveli "Condition No.C. That the petitioner's shall stay at Madurai report and sign before the Madurai Thallakulam Police Station daily twice at 10.00 a.m. and 06.00 p.m for 15 days and on further condition that they shall make available themselves for interrogation as and when required by the investigation officer. For Petitioners : Mr.V.Selvakumar, Advocate For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to modify the condition No.(c) imposed by the learned III Additional District and Sessions Judge, Tirunelveli, vide order dated 09.02.2024 in Cr.M.P.No.1540 of 2024, on the petitioners that the petitioners shall stay at Madurai, report and sign before Madurai Thallakulam Police Station daily twice at 10.00 a.m. and 06.00 p.m for 15 days and on further condition 1/3

that they shall make available themselves for interrogation as and when required by the investigation officer.

2.The learned counsel appearing for the petitioners would submit that the petitioners do not have any relatives and friends in the place of Madurai. Moreover, they are having old age parents and school going children and they have to take care of the old age parents. Hence, this Petition has been filed to modify the condition No. (c) imposed by the trial Court.

3.The learned Government Advocate (Crl.side) appearing for the respondent Police would submit that the Court below, after considering all aspects, has rightly imposed the condition on the petitioners, which does not warrant any interference by this Court.

4.Considering the facts and circumstances of the case, this Court is inclined to modify the condition No.(c) imposed on the petitioners by the Court below. Accordingly, the condition No.(c) imposed on the petitioners by the learned III Additional District and Sessions Judge, Tirunelveli, in Cr.M.P.No.1540 of 2024 vide order dated 09.02.2024 is hereby modified to the effect that " the petitioners shall appear before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation." 2/3

5. Accordingly, this Criminal Original Petition is allowed. sd/- 16/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb To 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI. 2 THE SUB INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2436 of 2024 Date :16/02/2024 RS/VR/SAR-(22.02.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3