S.Gopalan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. S.Gopalan, S/o.P.Subramanian

2. G.Murugananthan, S/o.Gopalan ... Petitioners/Petitioners Vs The State of Tamil Nadu, Rep by the Inspector of Police, Anjugramam Police Station, Kanyakumari.

Crime No.181/2025. ... Respondent/Complainant For Petitioners : Mr.M.Dinesh Hari Sudarsan Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER :- To modify the condition No.7(ii) imposed in Crl.MP.No.2229 of 2025 dated 18.06.2025 on the file of the learned Principal Sessions Judge, Kanyakumari. 1/4

ORDER : The Court Made the following order :- This petition has been filed to modify the condition No.7(ii) imposed in Crl.MP.No.2229 of 2025 dated 18.06.2025 on the file of the learned Principal Sessions Judge, Kanyakumari.

2. The learned Counsel for the petitioners would submit that the petitioners have filed an anticipatory bail application before the learned Principal Sessions Judge, Kanniyakumari District in Crl.MP.No.2229 of 2025. The said petition was heard and on 18.06.2025, the Hon'ble trial Court was pleased to grant anticipatory bail to the petitioners with certain conditions. In the said bail order, Condition No.7 (ii) as follows:

''(ii). After release, the petitioners shall stay at Thoothukudi, appear and sign before the Judicial Magistrate No.I, Thoothukudi daily twice at 10.30a.m. And 5.00p.m., until further orders. ''

3. He further submits that the petitioners have complied the other conditions and also complying the condition No.7(ii). However, the first petitioner, being a 74 years old senior citizen and he is residing in Kanyakumari and suffering from serious medical ailments. The second petitioner has responsibility of looking after his ailing father and so the stay of both the petitioners at Thoothukudi is causing much hardship to them. Therefore, the petitioners seek indulgence of this court by modifying the said condition imposed against them. Hence, he prays for 2/4

modification of the said condition.

4. The learned Government Advocate (Crl.side) appearing for the respondent has not raised any objection to allow this Criminal Miscellaneous Petition.

5. Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above, this Court is inclined to modify the Condition No.7(ii) in the order made in Crl.MP.No.2229 of 2025 dated 18.06.2025 on the file of the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil. Accordingly, Condition No.7(ii) is modified as ''(ii). The petitioners shall appear and sign before the Inspector of Police, Vadasery Police Station, Nagercoil daily at 10.30.a.m. and 05.30p.m. until further orders.'' . The other conditions shall remain unaltered.

6. With the above said modification, this Criminal Original Petition is allowed. sd/- 01/07/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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GVN TO 1 THE PRINCIPAL SESSIONS JUDGE, KANNIYAKUMARI DISTRICT 2 THE INSPECTOR OF POLICE, ANJUGRAMAM POLICE STATION, KANYAKUMARI 3 THE INSPECTOR OF POLICE, VADASERY POLICE STATION, NAGERCOIL 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M.DINESH HARI SUDARSAN Advocate SR.No.6949 (I) DT.01/07/2025

ORDER

IN CRL OP(MD) No.10974 of 2025 Date :01/07/2025 NM/09.07.2025/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4