Balakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2025 COROM THE HON'BLE MR.JUSTICE P.VADAMALAI 1.Balakrishnan 2.Revathi 3.Sreenivasan 4.Jenish @ Jerish ... Petitioners / Petitioners / Accused Nos.1 to 4 Vs.

The State rep by, The Inspector of Police, Thiruvattaru Police Station, Kanyakumari District.

(Crime No.162 of 2025) ... Respondent / Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 483(1)(b) and 528 of BNSS, 2023, praying to modify the condition in Paragraph 7(ii) imposed in Crl.M.P.No.134 of 2025 dated 15.05.2025 by the learned Vacation Sessions Judge, Kanniyakumari District at Nagercoil.

For Petitioners :

Mr.M.Suri, Advocate For Respondent :

Mr.K.Gnanasekaran, Government Advocate (Criminal Side) 1/5

ORDER

This petition has been filed seeking for modification of the condition imposed on the petitioners in Paragraph No.7(ii) imposed by the learned Vacation Sessions Judge, Kanniyakumari District at Nagercoil in Crl.M.P.No. 134 of 2025 dated 15.05.2025.

2. Condition No.7(ii) of the order, dated 15.05.2025, passed in Crl.M.P.No.134 of 2025 is extracted hereunder :

" 7(ii). After release, the 1st petitioner shall appear and sign before the Sub Inspector of Police, Arumanai Police Station and 2nd petitioner shall appear and sign before the Sub Inspector of Police, Kaliyakkavilai Police Station and 3rd petitioner shall appear and sign before the Sub Inspector of Police, Marthandam Police Station and the 4th petitioner shall appear and sign before the Sub Inspector of Police, Puthukadai Police Station daily twice at 10.00 A.M. and 05.00 P.M. until further orders."

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3. The petitioners are aggrieved by the condition in Paragraph No.7(ii) imposed by the Court below, which directs them to appear and sign before different police stations, despite the fact that the 1st and 2nd petitioners are husband and wife, the 4th petitioner is their son, and the 3rd petitioner is related to them.

4. Heard the learned counsel on both sides and perused the materials available on record.

5. Taking into consideration the relationship between the petitioners, the condition in Paragraph No.7(ii) imposed by the Court below is modified and the petitioners are directed to appear and sign before the respondent police daily twice at 10.00 a.m. and 05.00 p.m. until further orders.

6. In the result, this Criminal Original Petition is allowed accordingly. sd/- 21/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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PAL TO 1.The Vacation Sessions Judge, Kanniyakumari District at Nagercoil.

2.The Inspector of Police, Thiruvattaru Police Station, Kanyakumari District.

3.The Sub-Inspector of Police, Arumanai Police Station, Kanyakumari District.

4.The Sub-Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

5.The Sub-Inspector of Police, Marthandam Police Station, Kanyakumari District.

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

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

+1 CC to M/s.M.SURI, Advocate ( SR-5616[I] dated 22/05/2025 ) 4/5

ORDER

IN CRL OP(MD) No.8998 of 2025 Date :21/05/2025 SS/SAR- /29/05/2025/ 5P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5