Murugesa Pandiyan @ Murugesan v. State Of Tamilnadu Rep By Inspector Of Police, Muthiahpuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). Nos. 10183 & 10274 of 2025 Murugesa Pandiyan @ Murugesan, S/o. Chellaih,3/11, East Street, Ayiravanpattti,Ottapidaram, Thoothukudi..

... Petitioner/Accused Vs.

State of Tamilnadu Rep by The Inspector of Police, Muthiahpuram, Muthiapuram Police Station, Thoothukkudi District.

Crime No. 248/2025.

... Respondent/Complainant Petition filed under Section 483 (b) r/w. Section 528 BNSS PRAYER :- To modify the condition No.3 imposed by Learned Principal and Sessions Judge, Thoothukudi, Thoothukudi District in Crl.M.P.No. 1999 of 2025 dated 05.06.2025.

Crl.O.P.(MD)No.10274 of 2025 Murugesa Pandiyan @ Murugesan, S/o. Chellaih,3/11, East Street, Ayiravanpatti,Ottapidaram, Thoothukudi..

... Petitioner/Accused Vs.

1/5

The State of Tamilnadu, Rep. by the Inspector of Police, DCB-II Police Station, Crime No. 24/2025.

... Respondent/Complainant Petition filed under Section 483 (b) r/w. Section 528 BNSS PRAYER :- To modify the condition No.2 imposed by the Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District, in Crl.MP No. 1685 of 2025 dated 11.06.2025. (In both petitions) For Petitioner : Mr.A.Vaigunth Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) COMMON ORDER Crl.O.P.(MD)No.10183 of 2025 is filed modify the condition No.(iii) imposed by the Principal and Sessions Judge, Thoothukudi, Thoothukudi District in Crl.M.P.No. 1999 of 2025 dated 05.06.2025.

2. Crl.O.P.(MD)No.10274 of 2025 is filed to modify the condition No.(ii) imposed by the Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District in Crl.MP.No. 1685 of 2025 dated 11.06.2025.

3. The petitioner is an accused in Crime No.248 of 2025 on the file of the Muthiahpuram Police Station, Thoothukudi District and he was arrested on 29.05.2025 for the offence under Sections 126(b), 296(b), 308(4), 315(3) BNS and 2/5

Section 4 of TNPHW Act and Section 3(1) of TNPPDL Act. Thereafter, he was released on bail by the Principal and Sessions Judge, Thoothukudi, Thoothukudi District, in Crl.M.P.No.1999 of 2025 on 05.06.2025 and directed the petitioner to appear before the Inspector of Police, Muthiahpuram Police Station, Thoothukudi District, daily at 10.00 am until further orders. He is also involved a case in Crime No.24 of 2025 on the file of the DCB-II Police Station, Thoothukudi District and he was arrested on 05.06.2025, for the offence under Sections 61(2) and 318 (4) BNS. In that case also he was released on bail by the Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District, in Crl.M.P.No.1685 of 2025 and directed the petitioner to appear before the Inspector of Police DCB-II Police Station, Thoothukudi, daily at 10.00 am for the period of 30 days.

4. The learned counsel for the petitioner in both petitions would submit that the petitioner is a heart ailment patient and he underwent surgery and the Doctor advised to the petitioner not to travel beyond 25 Kms. Therefore, the petitioner is unable to travel from his native place to the respondent police Station and prays to modify the condition to appear before the respondent police.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side).

6. Considering the nature of offence and also considering the health condition 3/5

of the petitioner, the condition No.(iii) imposed by the Principal and Sessions Judge, Thoothukudi, Thoothukudi District in Crl.M.P.No. 1999 of 2025 dated 05.06.2025 and the condition No.(ii) imposed by the Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District, in Crl.MP.No. 1685 of 2025 dated on 11.06.2025, are modified to the effect that the petitioner shall appear and sign before the Inspector of Police, Naraikinaru Police Station, Thoothukudi District, daily at 10.00 a.m., until further orders.

7. With the above said modifications, these Criminal Original Petitions are allowed.

sd/- 19/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO

1. The Principal and Sessions Judge, Thoothukudi, Thoothukudi District.

2. The Judicial Magistrate No.IV, Thoothukudi,

3. The Inspector of Police, DCB-II Police Station, 4/5

4.The Inspector of Police, Muthiahpuram, Muthiapuram Police Station, Thoothukkudi District.

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

Copy to:

The Inspector of Police, Naraikinaru Police Station, +2 CC to M/s.A.S.VAIGUNTH, Advocate ( SR-6532 & 6533 [I] dated 19/06/2025 )

ORDER

IN CRL OP(MD). Nos. 10183 & 10274 of 2025 Date :19/06/2025 SA/SAR. /03.07.2025/5P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5