← Library
Madras High CourtCRL MP(MD)/5601/2025modified

Siva v. The State Of Tamil Nadu

2025-04-28Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in Crl.A.(MD)No.178 of 2025 Siva, S/o.Marimuthu, No.3/104, Middle Street, Melaputhur, Sattur Taluk, Virudhunagar District.

Petitioner(s) Vs State of Tamil Nadu rep. by The Inspector of Police, Sattur Taluk Police Station, Virudhunagar District.

Respondent(s) For Petitioner(s):

Mr.C.Senthil Murugan Advocate For Respondent(s):

Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

The petitioner is the sole accused in Spl.S.C.No.62 of 2022 and he was found guilty and convicted and sentenced by the Fast Track Mahila Court, Virudhunagar 1/4

District at Srivlliputhur. Challenging the Judgment of conviction and sentence, the petitioner has preferred an appeal and also moved a petition in Crl.M.P.(MD)No.1812 of 2025 for suspension of sentence.

2. Based on the undertaking given by the petitioner that he will not visit the occurrence village till the disposal of the appeal and will not disturb the victim at any point of time, this Court, by its order dated 07.03.2025 in Crl.M.P.(MD)No.1812 of 2025, suspended the sentence imposed by the trial Court and directed the petitioner to report before the Tambaram Police Station daily at 10.30 a.m. until further orders. Now, the petitioner has filed this petition to modify the condition as once in a week, with an undertaking that he will not leave Chennai and he will not visit the occurrence village and will not disturb the victim at any point of time.

3. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the petitioner is complying with the condition from 23.03.2025 to 22.04.2025.

4. Considering the undertaking given by the petitioner that he will not leave Chennai and will not visit the occurrence village and will not disturb the victim at any point of time, this Court is inclined to modify the condition imposed in Crl.M.P. (MD)No.1812 of 2025.

5. Accordingly, this petition is allowed and the condition is modified to the 2/4

effect that the petitioner shall report before the Tambaram Police Station on every Monday at 10.30 a.m. The petitioner shall file an undertaking affidavit before the respondent Police that he will not leave Chennai and will not visit the occurrence village and will not disturb the victim at any point of time. The respondent Police shall ensure that the petitioner is not visiting the occurrence village. sd/- 28/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, VIRUDHUNAGAR DISTRICT AT SRIVLLIPUTHUR 2 THE INSPECTOR OF POLICE, SATTUR TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE INSPECTOR OF POLICE, TAMBARAM POLICE STATION, CHENNAI.

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

3/4

ORDER

IN in Crl.A.(MD)No.178 of 2025 Date :28/04/2025 SA/SAR. /19.05.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4