Madras High CourtCRL OP(MD)/9046/2025ordered

Vinothkumar v. The State Of Tamilnadu

2025-05-22Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI Crl.O.P.(MD) No.9046 of 2025 1.Vinothkumar 2.Nagendran 3.Mathusuthanan ... Petitioners / A1 to A3 Vs.

State of Tamil Nadu, The Inspector of Police, Gudalur South Police Station.

(Crime No.49 of 2025)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 483(i)(b) read with Section 528 of BNSS, to call for the records relating to the order, dated 16.05.2025, made in Crl.M.P.No.93 of 2025 on the file of the learned Vacation Sessions Judge, Theni in Crl.M.P.No.932 of 2025 on the file of the Principal Sessions Judge, Theni and set aside the same and relax the condition imposed upon the petitioners. For Petitioners : Mr.M.Arikaran For Respondent : Mr.K.Gnanasekaran Government Advocate (Criminal Side) 1/5

O RDER This Petition has been filed under Section 483(1)(b) of BNSS, 2023, seeking to call for the records relating to the order, dated 16.05.2025, made in Crl.M.P.No.93 of 2025 on the file of the learned Vacation Sessions Judge, Theni in Crl.M.P.No.932 of 2025 on the file of the Principal Sessions Judge, Theni and set aside the same, and relax condition No.4(ii) imposed upon the petitioners.

2. The learned counsel appearing for the petitioners submits that the petitioners / Accused Nos.1 to 3 have been complying with condition No.4(ii) imposed by the learned Principal Sessions Judge, Theni regularly. Subsequently, they filed Crl.M.P.No.93 of 2025 before the learned Vacation Sessions Judge, Theni seeking relaxation of condition No.4(ii) imposed by the learned Principal Sessions Judge, Theni and the same was dismissed on 16.05.2025. Hence, the present petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondent submits that the petitioners have been complying with the condition regularly.

4. In view of the said submission made by the learned Government 2/5

Advocate (Criminal Side), this Court is inclined to relax the condition imposed on the petitioners in Crl.M.P.No.932 of 2025, dated 25.04.2025, passed by the learned Principal Special Judge, Theni.

5. Accordingly, this Criminal Original Petition is allowed, and the order, dated 16.05.2025, passed in Crl.M.P.No.93 of 2025 in Crl.M.P. No.932 of 2025 on the file of the learned Vacation Sessions Judge, Theni is set aside, and the condition No.4(ii) imposed on the petitioners in Crl.M.P.No.932 of 2025, dated 25.04.2025, passed by the learned Principal Special Judge, Theni, is hereby relaxed. However, this Court directs the petitioners to appear before the concerned trial Court on all hearing dates without fail. All other conditions shall remain unaltered. 22.05.2025 Index : Yes/No Internet : Yes/No mkn To 3/5

1.The Principal Sessions Judge, Theni.

2.The Vacation Sessions Judge, Theni.

3.The Inspector of Police, Gudalur South Police Station.

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

4/5

P.VADAMALAI, J.

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