Mohammed Mydeen Mathani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Mohammed Myden Mathani ... Petitioner / Petitioner Vs.

State of Tamil Nadu, The Inspector of Police, Thiruppallai Police Station, Madurai City, Madurai.

(Crime No.87 of 2024)

...Respondent / Respondent

PRAYER: Criminal Original Petition is filed under Section 483(1)(b) of BNSS, 2023, to totally relax the condition imposed on the petitioner by the learned Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Madurai in Crl.M.P.No.4413 of 2024, dated 10.09.2024.

For Petitioner : Mr.J.Mohamed Ashik Jaman For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side)

ORDER

This Petition has been filed under Section 483(1)(b) of BNSS, 2023, seeking to totally relax the condition imposed on the petitioner by the learned Principal Special 1/3

Judge for Exclusive Trial of Cases under POCSO Act, Madurai in Crl.M.P.No.4413 of 2024, dated 10.09.2024.

2. Mr.J.Mohamed Ashik Jaman, learned counsel appearing for the petitioner submits that the petitioner / Accused No.4 is 82 years old and has been complying with the conditions regularly passed by the learned Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Madurai in Crl.M.P.No.4413 of 2024, dated 10.09.2024. Hence, he seeks to relax the condition imposed by the Court below.

3. Mr.S.S.Manoj, learned Government Advocate (Crl. Side) appearing for the respondent-Police submits that the petitioner has been complying with the condition regularly without any violation.

4. In view of the said submission made by the learned Government Advocate (Crl. Side), this Court is inclined to relax the condition imposed on the petitioner in Crl.M.P.No.4413 of 2024, dated 10.09.2024, passed by the learned Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Madurai. 2/3

5. Accordingly, this petition is allowed and condition imposed in Crl.M.P.No.4413 of 2024, dated 10.09.2024, passed by the learned Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Madurai, is hereby fully relaxed. However, this Court directs the petitioner to appear before the concerned trial Court on all hearing dates without fail. The other conditions shall hold good. Sd/- 03/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Principal Special Judge for Exclusive Trial of Cases under POCSO Act, Madurai.

2.The Inspector of Police, Thiruppallai Police Station, Madurai City, Madurai.

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

ORDER

IN CRL OP(MD) No.6182 of 2025 Date :03/04/2025 RK (05/04/2025) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3