← Library
Madras High CourtCRL OP(MD)/5785/2025ordered

Mariammal v. The State Of Tamil Nadu,

2025-03-28Honourable Mr.Justice R.Sakthivel3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL 1.Mariammal 2.Moovendan @ Moovendran 3.Madasamy ... Petitioners / Accused Nos.2, 3 and 4 Vs.

The State of Tamil Nadu, Represented by its Inspector of Police, Kamuthi Police Station, Ramnad District.

(Crime No.41 of 2025)

...Respondent / Complainant

PRAYER: Criminal Original Petition is filed under Section 483(i)(b) of BNSS Act r/w 528 of BNSS to modify the condition No.6 (iii) imposed on the petitioners in Crl.M.P.No.686 of 2025, dated 12.03.2025 on the file of the learned Principal Sessions Judge, Ramanathapuram, in connection with Crime No.41 of 2025 on the file of the respondent-Police.

For Petitioners : Mr.A.Uthayakumar For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side)

ORDER

This Petition has been filed under Section 483(i)(b) of BNSS, 2023, praying to modify the condition No.6(iii) imposed on the petitioners in Crl.M.P.No.686 of 2025, 1/3

dated 12.03.2025, on the file of the learned Principal Sessions Judge, Ramanathapuram, in connection with Crime No.41 of 2025 on the file of the respondent-Police.

2. Mr.A.Uthaya Kumar, learned counsel appearing for the petitioners submits that due to ill-health, the petitioners are unable to travel by bus from their native place to Mudukulathur to sign before the learned Judicial Magistrate, Mudukulathur daily. Hence, he seeks to modify the condition imposed by the learned Principal Sessions Judge, Ramanathapuram in Crl.M.P.No.686 of 2025, dated 12.03.2025.

3. Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-Police, submits that the petitioners have complied with the conditions only for 12 days. He further submits that he has no objection to modify the condition imposed on the petitioners by the Court below.

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 Paragraph No.6 (iii) of the order passed by the learned Principal Sessions Judge, Ramanathapuram in Crl.M.P.No.686 of 2025, dated 12.03.2025. Accordingly, the petitioners shall appear and sign before the learned Judicial Magistrate, Mudukulathur, weekly once (i.e., on Monday) at 10.30 a.m., until further orders. 2/3

5. In the result, this Criminal Original Petition stands allowed. sd/- 28.03.2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Principal Sessions Judge, Ramnathapuram District.

2.The Judicial Magistrate, Mudukulathur.

3.The District Munsif cum Judicial Magistrate, Kamuthi. 4.Do through the Chief Judicial Magistrate, Ramanathapuram District.

5.The Inspector of Police, Kamuthi Police Station, Ramnad District.

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

Crl.O.P.(MD)No.5785 of 2025 28.03.2025 SL(03.04.2025)/ 3P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3