Muthunadar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) DATED: 12.03.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI 1.Muthunadar 2.Arikrishnan 3.Balamurugan 4.Velmurugan 5.Rajakumari ... Petitioners / Petitioners Vs.

The Sub-Inspector of Police, Thisayanvilai Police Station, (Crime No.85 of 2024.) ... Respondent / Respondent PRAYER : Criminal Original Petition filed under 482 r/w. Section 439(1)(b) of the Code of Criminal Procedure, to modify the condition No.C imposed by the learned III Additional District and Sessions Judge, Tirunelveli, in Cr.M.P.No.2059 of 2024 dated 20.02.2024.

For Petitioners : Mr.K.Rajeshwaran, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side) 1/4

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, on the petitioners in Cr.M.P.No.2059 of 2024 dated 20.02.2024. 2.The learned counsel appearing for the petitioners would submit that the petitioners have filed Cr.M.P.No.2059 of 2024 seeking anticipatory bail before the learned III Additional District and Sessions Judge, Tirunelveli, and the same was allowed on 20.02.2024 on condition that the petitioners shall stay at Rameshwaram, report and sign before Rameshwaram Temple Police Station daily twice at 10.00 a.m., and 06.00 p.m., for 15 days and also on condition that the petitioners have to pay a sum of Rs.3,000/- in total before the District Legal Service Authority, Tirunelveli. Aggrieved over the onerous condition imposed by the trial Court, this petition has been filed to modify the same.

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 imposed by the Court below. Accordingly, the condition to 2/4

stay at Rameshwaram, report and sign before Rameshwaram Temple Police Station daily twice at 10.00 a.m., and 06.00 p.m., for 15 days, imposed on the petitioners by the learned III Additional District and Sessions Judge, Tirunelveli, in Cr.M.P.No.2059 of 2024 dated 20.02.2024 is hereby modified to the effect that " the petitioners shall report and sign before the respondent Police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation." The other conditions shall remain unaltered.

5. Accordingly, this Criminal Original Petition is allowed. sd/- 12/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB To 1.The III Additional District and Sessions Judge, Tirunelveli.

2.The Judicial Magistrate, Radhapuram.

3.Do through the Chief Judicial Magistrate, 3/4

4.The Sub Inspector of Police, Thisayanvilai Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

1.The Inspector of Police, Rameshwaram Temple Police Station, Rameshwaram District.

2.The Officer Incharge, District Legal Service Authority, Tirunelveli.

+1CC to M/s.K.RAJESHWARAN, Advocate, SR No.11710(F), dated 13.03.2024

ORDER

IN CRL OP(MD) No.3945 of 2024 Date :12/03/2024 ED/ JGB /SAR- (20/03/2024) 4P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4