Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Murugan ... Petitioner/Petitioner Vs.

The Inspector of Police, Radhapuram Police Station, Radhapuram, Tirunelveli District.

Crime No.21 of 2024 ... Respondent /Respondent PRAYER : Criminal Original Petition filed under Section 482 r/w. Section 439(1)(b) of the Code of Criminal Procedure, to modify the condition Column No.C imposed on the petitioner in the order dated 22.02.2024 passed in Crl.M.P.No.2111 of 2024 on the file of the Principal Sessions Court, Tirunelveli, Tirunelveli District. For Petitioner : Mr.N.Pragalathan,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 Principal Sessions Judge, Tirunelveli District, vide order dated 22.02.2024 in Crl.M.P.No.2111 of 2024, on the petitioner that the petitioner shall 1/3

stay at Rameshwaram, report and sign before Rameshwaram Temple Police Station daily twice at 10.00 a.m., and 05.00 p.m., for 15 days. 2.The learned counsel appearing for the petitioner would submit that the petitioner is a shepherd and he used to take the goats to nearby fields for grazing and the entire family is depending upon the income of the petitioner. Therefore, the petitioner is not in a position from staying away from the native place. 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 petitioner, 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 petitioner by the Court below. Accordingly, the condition No.(c) imposed on the petitioner by the learned Principal Sessions Judge, Tirunelveli District, in Cr.M.P.No.2111 of 2024 vide order dated 22.02.2024 is hereby modified to the effect that " the petitioner 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/- 08/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB TO THE PRINCIPAL SESSIONS JUDGE TIRUNELVELI, TIRUNELVELI DISTRICT.

THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, RADHAPURAM, TIRUNELVELI DISTRICT.

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

+1. CC to N.PRAGALATHAN Advocate SR.No.11208(F) DT:11/03/2024

ORDER

IN CRL OP(MD) No.3734 of 2024 Date :08/03/2024 PKP/GS/SAR /18.03.2024/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3