Dhilip @ Dhilip Kumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL 1.Dhilip @ Dhilip Kumar 2.Gowtham ... Petitioners / Accused Nos.3 & 4 Vs.
State represented by the Inspector of Police, Rameshwaram Town Police Station, Ramanathapuram District.
Crime No.47 of 2025
...Respondent / Complainant
PRAYER: Criminal Original Petition is filed under Section 483 (i)(b) r/w 528 of BNSS, 2023 to modify the condition that imposed in Crl.M.P.No.714 of 2025 on the file of the learned Principal District and Sessions Judge, dated 13.03.2025 insofar as the third condition is concerned and consequently to direct the petitioners to report before the learned Judicial Magistrate, Rameshwaram, Ramanathapuram District. For Petitioners : Mr.K.Yasar Arafath For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side) 1/4
ORDER
This Petition has been filed under Section 483 (i)(b) r/w 528 of BNSS, 2023 to modify condition No. 6(iii) imposed on the petitioners in Crl.M.P.No.714 of 2025 before the learned Principal Sessions Judge, Ramanathapuram, dated 13.03.2025 and consequently to direct the petitioners to report before the learned Judicial Magistrate, Rameshwaram, Ramanathapuram District.
2. Mr.KYasar Arafath, learned counsel appearing for the petitioners, submits that the petitioners apprehended arrest at the hands of the respondent-Police. Hence, they filed an application in Crl.M.P.No.714 of 2025 before the learned Principal Sessions Judge, Ramanathapuram. The said application was allowed on 13.03.2025. However, the learned Principal Sessions Judge imposed a condition that the petitioners should report before the Inspector of Police, respondent Police Station daily at 10.30 a.m. for a period of one month and on further condition that they shall make available themselves for interrogation as and when required by the investigation officer. Hence, the petitioners have filed the present petition before this Court seeking modification of the said condition. He further submits that the petitioners have complied with the conditions for nearly one month without any violation. He further submits that the respondent-Police have threatened the petitioners that they would foist a false case against the petitioners. Accordingly, he 2/4
prays for modification of condition 6(iii) imposed in Crl.M.P.No.714 of 2025, dated 13.03.2025 passed by the learned Principal Sessions Judge, Ramanathapuram.
3. Mr.S.S.Manoj, learned Government Advocate (Criminal Side) appearing for the respondent-Police has no objection to modify the condition imposed on the petitioners by the lower Court.
4. Heard on both sides. This Court has perused the records.
5. In view of the facts and circumstances of the case and in the interest of justice, this Court is inclined to modify the condition No.6 (iii) imposed by the Court below, as hereunder:
"The petitioner shall appear and sign before the learned Judicial Magistrate, Rameshwaram, Ramanathapuram District, on all working days at 10.30 a.m., for a period of one month commencing from 01.05.2025." The other conditions shall hold good.
6. Accordingly, the Criminal Original Petition stands allowed. sd/- 25/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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TSG TO
1. THE PRINCIPAL SESSIONS JUDGE, RAMANATHAPURAM.
2. THE JUDICIAL MAGISTRATE, RAMESHWARAM, RAMANATHAPURAM DISTRICT.
3. THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.
4. THE INSPECTOR OF POLICE, RAMESHWARAM TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.7026 of 2025 Date :25/04/2025 PR/29.04 .2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4