Shanmuganathan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-06-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R. POORNIMA in Crl.A(MD)No.627 of 2023 Shanmuganathan S/o.Ramasamy, Nallukurichi, Thiruchuli Taluk, Virudhunagar District Petitioner(s) Vs 1.The State of Tamilnadu Rep by The Deputy Superintendent of Police, Thiruchuli Sub Division, Veeracholan Police Station, Virudhunagar District. Crime No.112/2014

2. Jeyanthiran S/o.Raman, Nallukurichi, Veeracholan, Thiruchuli Taluk, Virudhunagar District.

Respondent(s) Prayer: This petition is filed under Section 528 of BNSS, praying to relax the condition imposed in Crl.M.P(MD)No.11055 of 2023 in Crl.A(MD)No.627 of 2023 on 30.09.2024.

For Petitioner(s):

Ak.Azagar Sami J.Yogeswaran 8903656539 For Respondent(s):

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Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

(Order of the Court was made by the Hon'ble A.D.JAGADISH CHANDIRA J.) This petition is filed to relax the condition imposed by this Court on 30.09.2024 in Crl.M.P(MD)No.11055 of 2023 in Crl.A(MD)No.627 of 2023. 2.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent. 3.This Court, on 30.09.2024, while suspending the sentence passed the following order:

"(i)The petitioners/A1 and A2 are directed to be enlarged on bail on executing a bond for Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Special Court SC/ST Act Cases, Virudhunagar at Srivilliputhur. (ii)The sureties shall affix their photographs and left Thumb impression in the surety bond and the Committal Court may obtain a copy of their Aadhar card or Bank Passbook to ensure their identity. (iii)The petitioners shall report before the Inspector of Police, Vadipatti Police Station, Madurai District, every Saturday at 10.30 a.m., until 2/4

further orders.

(iv)It is made clear that the petitioners shall not enter into the jurisdictional limits of the respondent Police Station until further orders."

4.The learned counsel appearing for the petitioner submits that the first petitioner is working as a Temple Poosari and the second petitioner is a house wife. Since they cannot enter into their village due to financial constrained, they are not able to abide the condition imposed by this Court. Hence, he seeks to relax the aforesaid condition.

5.Considering the submissions made on either side, condition No.iii alone is modified to the effect that the petitioners shall appear before the Special Court for SC/ST Act Cases, Virudhunagar at Srivilliputhur, on first working day of every month at 10.30 a.m., until further order. All the other conditions imposed by this Court shall remain unaltered.

6.In view of the above, this petition is allowed. sd/- 02/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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ns TO 1 THE SPECIAL JUDGE, SPECIAL COURT FOR TRIAL OF SC/ST ACT CASES, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

2 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUCHULI DIVISION, VEERACHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN in Crl.A(MD)No.627 of 2023 Date :02/06/2025 NBF/06.06.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4