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Madras High CourtCRL OP(MD)/3845/2025ordered

Ganesan v. The State Of Tamil Nadu,

2025-02-28Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Crl.O.P.(MD) No.3845 of 2025 1.Ganesan 2.Sivasakthibalan ... Petitioners/Accused Nos.1 & 2 Vs.

The State through Inspector of Police, Valinokkam Police Station, Ramanathapuram.

(Crime NO.7 of 2025)

...Respondent / Complainant

PRAYER: Criminal Original Petition is filed under Section 483(1)(b) of BNSS (439(1)(b) of Cr.P.C.) to modify the condition No.2 imposed by the learned District Munsif cum Judicial Magistrate, Kadaladi in Cr.M.P. (MD)No.367 of 2025 dated 05.02.2025.

For Petitioners : Mr.S.Malaikani For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) 1/4

O RDER This Petition has been filed under Section 483(1)(b) of BNSS (439(1)(b) of Cr.P.C.) to modify the condition No.2 imposed by the learned District Munsif cum Judicial Magistrate, Kadaladi in Cr.M.P. (MD)No.367 of 2025 dated 05.02.2025.

2. Mr.S.Malaikani, learned counsel appearing for the petitioners, submits that the first petitioner is breadwinner of his family and the second petitioner is a student. Hence, they are unable to appear and sign before the learned District Munsif cum Judicial Magistrate, Kadaladi daily at 10.30 a.m. and 5.00 p.m., for two months. Hence, he seeks to modify the condition No.2.

3. Heard Mr.S.S.Manoj, learned Government Advocate (Criminal Side) appearing for the State.

4. Considering the facts and circumstances of the case and also considering the reasons stated in the affidavit filed in support of this petition and also considering the request made by the petitioner, this Court is inclined to modify the condition stated in Condition No.2 of the 2/4

order in Cr.M.P.(MD)No.367 of 2025 dated 05.02.2025 by the learned District Munsif cum Judicial Magistrate, Kadaladi and the petitioners shall report before the District Munsif cum Judicial Magistrate, Kadaladi weekly once (i.e., on Monday) at 10.30 a.m., for two months. 28.02.2025 Index : Yes/No Internet : Yes/No apd To

1. The District Munsif cum Judicial Magistrate, Kadaladi 2.The Inspector of Police, Valinokkam Police Station, Ramanathapuram.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.SAKTHIVEL. J.

apd 28.02.2025 4/4