W.C.Thomas v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in CRL OP(MD).No.3794 of 2025 W.C.Thomas, S/o.Chelladurai ... Petitioner/First petitioner Vs The State of Tamil Nadu, Rep by the Inspector of Police, Devarkulam Police Station, Tirunelveli District.

Crime No.90/2025.

... Respondent/Complainant For Petitioner : Mr.G.Anto Prince Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS 1/6

PRAYER :- To modify the condition No.7(i)&(iv) imposed in Crl.OP(MD).No.3794 of 2025 dated 21.04.2025 .

ORDER : The Court Made the following order :- This petition has been filed to modify the condition No.7(i) & (iv) imposed in Crl.OP(MD).No.3794 of 2025 dated 21.04.2025.

2. The learned counsel for the petitioner would submit that the petitioner is the accused in Crime No.90 of 2025, he filed an anticipatory bail application before this Court on 26.02.2025 in Crl.OP.(MD).No.3794 of 2025. The said anticipatory bail petition was heard and ordered on 21.04.2025, this Hon'ble Court was pleased to grant anticipatory bail to the petitioner with certain conditions. In the said bail order, Condition No.7(i) & (iv) are as follows: ''7(i). The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate No.III, Tirunelveli, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate No.III, Tirunelveli.

(iv) The petitioner shall appear and sign before the respondent police daily at 2/6

09.00a.m until further orders. ''

3. He further submits that this petitioner is having permanent resident at Chennai District, and he is suffering from Typhoid fever, he is not in a position to travel anywhere. The petitioner has undergone continues treatment at Chennai. The distance between the petitioner's residence in chennai and the respondent police station in Tirunelveli District is more than 600 Kilometers, he is find it very difficult to comply the condition Nos.(i) & (iv) regularly. Now, the petitioner has filed this present petition to modify the said condition Nos.7(i) & (iv) and requested to change the satisfaction Court and reporting police station in the very same district i.e., Chennai.. Hence, he prays for modification of the said condition Nos.7(i) & (iv). Further, he prays to extend the time period in complying the conditions imposed by this Court.

4. The learned Government Advocate (Crl.Side) has not raised any objection to allow this Criminal Miscellaneous Petition.

5. Considering the submissions made by the learned Counsel for the Petitioner 3/6

and being satisfied with the reasons stated in the accompanying affidavit, this Court is inclined to modify the Condition Nos.7(i) & (iv) imposed in the order made in Crl.O.P(MD).No.3794 of 2025 dated 21.04.2025. Accordingly, Condition No.7(i) is modified as ''(i). The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Vth Metropolitan Magistrate, Chennai within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Vth Metropolitan Magistrate, Chennai. '' and Condition No.7(iv) is modified as ''(iv). The petitioner shall appear and sign before the Inspector of Police, Triplicane Police Station daily at 09.00a.m. until further orders.

6. The above condition is modified only for the first petitioner W.C.Thomas alone and other petitioners are act accordingly. The other conditions shall remain unaltered. As per the request of the learned Counsel for the petitioner, further period of 15days is granted in complying the conditions, from the date of receipt of 4/6

a copy of this order.

7. With the above said modifications, this Criminal Miscellaneous Petition is allowed.

sd/- 18/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn To

1. The Judicial Magistrate No.III, Tirunelveli.

2. Do through the Chief Judicial Magistrate, Tirunelveli.

3. The Vth Metropolitan Magistrate, Chennai.

4. Do Through The Chief Metropolitan Magistrate, Chennai.

5. The Inspector of Police, Devarkulam Police Station, Tirunelveli District.

6. The Inspector of Police, Triplicane Police Station, Chennai.

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

Copy To The Officer incharge, The Green Committee, Tirunelveli District.

+1 CC to M/s.G.ANTO PRINCE, Advocate ( SR-6458[I] dated 18/06/2025 )

ORDER

IN CRL MP(MD) No.7546 of 2025 IN CRL OP(MD) No.3794 of 2025 Date :18/06/2025 HPS/08.07.2025 /6P/10C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6