Madras High CourtCRL OP(MD)/5872/2025ordered

Kottairaj v. The State Of Tamilnadu

2025-04-01Honourable Mr.Justice R.Sakthivel3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Crl.O.P.(MD).No.5872 of 2025 Kottairaj ... Petitioner/Accused Vs The State of Tamil Nadu, rep., by The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

Crime No.50 of 2025 ... Respondent Prayer : This Criminal Original Petition has been filed under Section 528 r/w. 4 and 3(1)(b) of BNSS, 2023 to relax the condition in Crl.M.P.No.673 of 2025 passed by the learned Principal Sessions Judge, Ramanathapuram District, dated 12.03.2025 in connection with Crime No.50 of 2025 on the file of the respondent - Police. For Petitioner : Mr.B.Mahendrarajan For respondent : Mr.S.S.Manoj Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to relax the condition imposed in Crl.M.P.No.673 of 2025 passed by the learned Principal Sessions Judge, Ramanathapuram District, dated 12.03.2025 in connection with case in Crime No.50 of 2025 on the file of the respondent - Police.

2. Mr.B. Mahendrarajan, the learned counsel appearing for the petitioner submits that since the petitioner's daughter was unwell, he could not comply the

condition. He further submits that the petitioner is residing at Ramanathapura and hence, it is very difficult for him to appear before the respondent - Police and hence, he seeks modification of the condition imposed in Crl.M.P.No.673 of 2025 on the file of the learned Principal Sessions Judge, Ramanathapuram District, dated 12.03.2025.

3. Heard Mr.S.S.Manoj, learned Government Advocate (Crl. Side) appearing for the respondent - Police.

4. This Court has satisfied with the reasons stated by the petitioner. Hence, this Court is inclined to modify the condition imposed on the petitioner by the learned Principal Sessions Judge, Ramanathapuram, in Crl.M.P.No.673 of 2025, dated 12.03.2025.

5. Accordingly, the condition imposed by the learned Principal Sessions Judge, Ramanathapuram in Crl.M.P.No.673 of 2025, dated 12.03.2025, is hereby modified to the effect that the petitioner shall appear before the learned Judicial Magistrate No.I, Ramanathapuram weekly once i.e., on every Friday at 10.30 am for a period of six weeks. The other conditions shall hold good.

6. This Criminal Original Petition is ordered accordingly. Sd/- 01.04.2025 // True Copy // /04/2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai.

trp TO 1 THE PRINCIPAL SESSIONS JUDGE, RAMANATHAPURAM DISTRICT. 2 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.5872 of 2025 Date :01/04/2025 RS (16/04/2025) 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.