Madras High CourtCRL OP(MD)/9400/2025dismissed as abated

A.Vargeesh v. The State Of Tamilnadu

2025-06-13Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2025 COROM THE HON'BLE MR.JUSTICE P.VADAMALAI 1.A.Vargeesh 2.S.Ramani 3.S.Raja 4.R.Shibi ... Petitioners / A1 to A4 Vs.

The State rep by, The Inspector of Police, All Women Police Station, Colachel, Kanniyakumari District.

(Crime No.14 of 2025) ... Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to modify the conditional interim order in anticipatory bail granted by the Vacation Sessions Judge, Kanniyakumari District at Nagercoil in Crl.M.P.No.105 of 2025 dated 15.05.2025. For Petitioners :

Mr.C.M.Mari Chelliah Prabhu, Advocate 1/3

For Respondent :

Mr.M.Karunanithi, Government Advocate (Criminal Side)

ORDER

This petition has been filed seeking for modification of the conditional interim order in anticipatory bail granted by the Vacation Sessions Judge, Kanniyakumari District at Nagercoil in Crl.M.P.No.105 of 2025 dated 15.05.2025.

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

3. The case is pending before the learned Additional District and Sessions Judge, Padmanabhapuram, Kanniyakumari District at Nagercoil. On 15.05.2025, the Trial Court granted interim anticipatory bail to the petitioners and posted the matter for further hearing on 18.06.2025. At this stage, the filing of the present modification petition before this Court is not maintainable. If the petitioners are aggrieved by the order passed by the Trial Court, the proper course of action would be to approach the same Court seeking modification. Only in the event of dismissal of such petition by the Trial Court, the petitioners be entitled to approach this Court for further remedy. Accordingly, this petition is not maintainable. 2/3

4. With the above observation, this Criminal Original Petition is disposed of with the liberty to the petitioners to approach the learned Additional District and Sessions Judge, Padmanabhapuram, Kanniyakumari District at Nagercoil. sd/- 13/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pal To 1.The Additional District and Sessions Judge, Padmanabhapuram, Kanniyakumari District at Nagercoil.

2.The Inspector of Police, All Women Police Station, Colachel, Kanniyakumari District.

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

ORDER

IN CRL OP(MD) No.9400 of 2025 Date :13/06/2025 MK/17.06.2025 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3