Merlin @ Merlin Raj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI

1. Merlin @ Merlin Raj

2. Nishanth

3. Kumar ... Petitioners Vs.

The Sub Inspector of Police Puthukadai Police Station, Puthukadai, Kanyakumari District.

Crime No.141/2024 ... Respondent Prayer : Criminal Original Petition filed under Section 482 r/w. Section 439 (1)(B) of the Code of Criminal Procedure, to modify the condition No.2 imposed in Crl.MP.No.231 of 2024 before the Vacation Sessions Judge, Kanyakumari at Nagercoil, dated 30.05.2024 For Petitioners : Mr.N.S.Ramakrishna Dass For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to modify the condition No.2 imposed by the Vacation Sessions Judge, Kanyakumari at Nagercoil, in Crl.M.P.No.231 of 2024, dated 30.05.2024. 1/4

2. The learned counsel for the petitioners would submit that the petitioners were granted anticipatory bail by the learned Vacation Sessions Judge, Kanyakumari at Nagercoil, in in Crl.M.P.No.231 of 2024, dated 30.05.2024 with a condition to stay at Madurai and appear and sign before the Judicial Magistrate No.I, Madurai, daily twice at 10.30 a.m. and 05.00 p.m.,, until further orders. He would further submit that the petitioners 1 and 2 were doing cooli work and the third petitioner's wife was suffering from cancer and bedridden, hence, they could not comply with the condition. Therefore, they have come with this petition before this Court.

3. The learned Government Advocate (Crl.Side) submits that the petitioners have not complied with the condition and prayed the petition to be dismissed.

4. The condition was imposed by the Vacation Sessions Judge, Kanyakumari at Nagercoil, taking into consideration the nature of the case, stage of the investigation and other relevant factors. Therefore, this Court is not inclined to entertain this petition. Hence the petition stands 2/4

dismissed. However, liberty is given to the petitioners to approach the concerned Court and file a petition seeking for modification of condition. 21.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes LS To

1. The Vacation Sessions Judge, Kanyakumari at Nagercoil, 2.The Sub Inspector of Police Puthukadai Police Station, Puthukadai, Kanyakumari District.

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

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B.PUGALENDHI,J LS Order made in 21.06.2024 4/4