A.Ajithkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL 1.A.Ajithkumar 2.R.Malarkodi.

... Petitioners/Accused Nos.1 & 4 Vs.

The State rep by Inspector of Police, Odaipatti Police Station, Theni.

(Crime No.14 of 2025)

...Respondent / Complainant

PRAYER: Criminal Original Petition is filed under Section 483(1)(b) r/w 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to modify the order dated 04.02.2025 in Crl.M.P.No.308 of 2025 on the file of the Principal Sessions Judge, Theni insofar as the condition that the petitioners shall stay at Ariyalur district and appear and sign before the Ariyalur Police Station daily twice at 10.00 a.m., and 5.00 p.m., for 30 days, as to report before any police station within Uthamapalayam Taluk, Theni at 10.30 a.m., so as to comply with the said condition. For Petitioners : Mr.R.Shankar Ganesh For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side)

ORDER

This Petition has been filed under Section 483(1)(b) r/w 528 of Bharatiya 1/4

Nagarik Suraksha Sanhita, 2023 to modify the order, dated 04.02.2025 in Crl.M.P.No.308 of 2025. on the file of the Principal Sessions Judge, Theni insofar as the condition that the petitioners shall stay at Ariyalur district and appear and sign before the Ariyalur Police Station daily twice at 10.00 a.m., and 5.00 p.m., for 30 days, as to report before any police station within Uthamapalayam Taluk, Theni at 10.30 a.m.,

2. Mr.R.Shankar Ganesh, learned counsel appearing for the petitioners, submits that the petitioners' family is poor family, facing serious financial crisis and they are managing their day-to-day life by doing some menial works. He further submits that the second petitioner, who is the relative of the first petitioner, is suffering from various health ailments. He further submits that Ariyalur is 300 k.m. away from Uthamapalayam. Hence, they are unable to appear and sign before the Ariyalur Police Station daily twice at 10.00 a.m. and 5.00 p.m., for 30 days. Hence, he seeks to modify the condition No.4(ii).

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

2/4

4. Considering the facts and circumstances of the case and also considering the reasons stated in the petition and also considering the request made by the petitioners, this Court is inclined to modify the condition stated in Condition No.4(ii) of the order in Crl.M.P.No.308 of 2025, dated 04.02.2025, passed by the learned Principal Sessions Judge, Theni and the petitioners shall stay at Periyakulam, Theni and report before the Thenkarai Police Station, Periyakulam, Theni daily twice at 10.00 a.m. and 5.00 p.m., for 30 days and thereafter, shall appear on summons. To that effect, this petition is ordered.

sd/- 04/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

APD TO 1 THE PRINCIPAL SESSIONS JUDGE THENI.

2 THE JUDICIAL MAGISTRATE UTHAMAPALAYAM.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.

3/4

4 THE INSPECTOR OF POLICE, ODAIPATTI POLICE STATION, THENI DISTRICT.

5 THE INSPECTOR OF POLICE ARIYALUR POLICE STATION, ARIYALUR.

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

COPY TO:

THE INSPECTOR OF POLICE THENKARAI POLICE STATION, PERIYAKULAM, THENI.

+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-2385[I] dated 04/03/2025 )

ORDER

IN CRL OP(MD) No.4010 of 2025 Date :04/03/2025 SS/SKN/SAR- /07/03/2025/ 4P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4