Mariappan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL 1.Mariappan 2.Thangatamil Selvam @ Tamil Selvam 3.Muthu ... Petitioners / Petitioners Vs.

State of Tamil Nadu, Represented by the Inspector of Police, Sivagiri Police Station, Tenkasi District.

(Crime No.175 of 2025)

...Respondent / Respondent

PRAYER: Criminal Original Petition is filed under Sections 439(i)(b) and 528 of BNSS, 2023 praying to modify the condition No.(iii) imposed by the Court of Principal Sessions Court, Tenkasi Division, Tenkasi District in Crl.M.P.No.947 of 2025 on 09.04.2025 and permit the petitioners / Accused Nos.1 to 3 to appear before the respondent-Police as and when required.

For Petitioners : Mr.M.Jothi Basu For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side) 1/3

ORDER

This Petition has been filed under Sections 439(i)(b) and 528 of BNSS, 2023 praying to modify condition No.(iii) imposed on the petitioners by the Principal Sessions Court, Tenkasi Division, Tenkasi District in Crl.M.P.No.947 of 2025, dated 09.04.2025 and also to permit the petitioners / Accused Nos.1 to 3 to appear before the respondent-Police as and when required.

2. Mr.M.Jothi Basu, learned counsel appearing for the petitioners, submits that the petitioners have been complying with the conditions imposed by the learned Principal Sessions Judge, Tenkasi in Crl.M.P.No.947 of 2025, dated 09.04.2025 regularly and he prays for modification of the said condition.

3. Mr.S.S.Manoj, learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the petitioners have complied with the conditions for nearly nine days.

4. In view of the substantial compliance made by the petitioners, this Court is inclined to modify condition No.(iii) imposed on the petitioners in Crl.M.P.No.947 of 2025, dated 09.04.2025 by the learned Principal Sessions Judge, Tenkasi.

5. Accordingly, this Criminal Original Petition is allowed and condition No. (iii) imposed on the petitioners by the learned Principal Sessions Judge, Tenkasi in Crl.M.P.No.947 of 2025, dated 09.04.2025 is hereby modified and the petitioners are 2/3

directed to appear before the respondent-Police weekly once at 10.00 a.m., for a period of four weeks and thereafter, as and when required for interrogation. The other conditions shall hold good.

sd/- 24/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.THE PRINCIPAL SESSIONS JUDGE, TENKASI, 2.THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-4794[I] dated 25/04/2025 ) ORDER IN CRL OP(MD) No.7553 of 2025 Date :24/04/2025 PR/28.05 .2025 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3