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Madras High CourtCRL OP(MD)/9040/2026modified

Kesavan v. State Of Tamilnadu Rep By Inspector Of Police, Marthandam

2026-06-01Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.9040 of 2026

1. Kesavan

2. Pandeeswari ... Petitioners/Petitioners Vs State of Tamilnadu Rep by, The Inspector of Police, Marthandam Police Station, Kanyakumari District.

Crime No.50/2026. ... Respondent/Respondent PRAYER :- To Modify the condition No.11 Clause (ii) by the learned Judicial Magistrate No.I, Kuzhithurai in order to "the petitioners shall appear before the respondent police station daily at 10.00 am until further orders" to modify into "report before the Judicial Magistrate No.II, Sattur, Viruthunagar District daily at 10.30 a.m, for the period of four weeks".

For Petitioners : Mr.Jagadeeshwaran R, Advocate.

For Respondent : Mr.R.Mohamed Riyaz Government Advocate (Crl.Side)

ORDER

This Petition has been filed to Modify the condition No.11 Clause 1/5

(ii) by the learned Judicial Magistrate No.I, Kuzhithurai in order to "the petitioners shall appear before the respondent police station daily at 10.00 am until further orders" to modify into "report before the Judicial Magistrate No.II, Sattur, Viruthunagar District daily at 10.30 a.m, for the period of four weeks".

2. The learned counsel for the petitioners would submit that the petitioners have filed an application before this Court in Crl.OP(MD)No. 3565 of 2026 seeking anticipatory bail in connection with Crime No.90 of 2026 and this Court has also granted anticipatory bail on 19.02.2026 on condition that the petitioners shall report before the inspector of police, Sivakasi Town Police Station, Sivakasi, daily at 10.30 a.m. for a period of four weeks, and the petitioners also complied with the condition from 23.03.2026. In the mean time, the respondent police registered a present case against the petitioners in Crime No.50 of 2026 and arrested them on 29.03.2026. Thereafter, they were released on bail by the learned Judicial Magistrate No.1, Kuzhithurai, on condition that the petitioners shall report before the respondent police station daily at 10.30 a.m until further orders. Since the petitioners have to be appeared 2/5

before the inspector of police, Sivakasi Town Police Station, Sivakasi, they are unable to comply with the conditional order passed by the learned Judicial Magistrate No.1, Kuzhithurai, dated 20.04.2026. Hence, he seeks to allow this petition.

3.The learned Government Advocate (Crl.Side) would submit that the petitioners have complied with the condition not even a single day. Hence, he strongly opposed to allow this petition.

4. Heard both sides.

5. Considering the reasons stated in the affidavit filed by the petitioners that they are unable to comply with the condition imposed by the learned Judicial Magistrate No.1, Kuzhithurai, dated 20.04.2026, this Court is inclined to modify the condition to the effect that the petitioners shall appear before the jurisdictional Magistrate Court on alternative Mondays at 10.30 a.m until further orders from 22.06.2026 onwards.

6. In the result, this Criminal Miscellaneous Petition is ordered. 3/5

01.06.2026 dss To 1.The Judicial Magistrate No.II, Sattur, Virudhunagar District. 2.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

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

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.9040 of 2026 Date : 01/06/2026 5/5