Madras High CourtCRL MP(MD)/8212/2025allowed

Nithesh Kumar @ Nithish Kumar v. State Of Tamilnadu Rep By Inspector Of Police, Kulithalai

2025-07-01Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI in CRL OP(MD).No.10234 of 2025 Nithesh Kumar @ Nithish Kumar, S/o.Tamilarasan, ... Petitioner/Petitioner Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kulithalai Police Station, Karur District.

Crime No.285/2025. .

.. Respondent/Complainant For Petitioner : Mr.P.Surliraja Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS 1/5

PRAYER :- To modify the condition No.(c) imposed in Crl.OP(MD).No.10234 of 2025 dated 19.06.2025.

ORDER : The Court Made the following order :- This petition has been filed to modify the condition No.(c) imposed in Crl.OP (MD).No.10234 of 2025 dated 19.06.2025.

2. The learned Counsel for the petitioner would submit that the petitioner has filed an bail application before this Court on 16.06.2025 in Crl.OP.(MD).No.10234 of 2025. The said bail petition was heard and on 19.06.2025, this Hon'ble Court was pleased to grant bail to the petitioner with certain conditions. In the said bail order, Condition No.6(c) as follows:

''(c). The petitioner shall appear and sign before the respondent police daily at 10.30.a.m. until further orders.''

3. He further submits that the petitioner was arrested in Crime No.285 of 2025, on the file of the Kulithalai Police Station and subsequently he released on bail in Crl.OP.(MD).No.10234 of 2025 on the file of this Court dated 19.06.2025, on one of the condition (c) that the petitioner should report and sign before the Kulithalai 2/5

Police Station daily at 10.30a.m. until further orders. Further, the petitioner was arrested in Crime No.239 of 2025 on the file of the Manaparai Police Station and subsequently the petitioner was enlarged on bail in Crl.M.P.No.394 of 2025 dated 21.05.2025 on the file of the learned Judicial Magistrate, Manapparai and on further condition (ii) that the petitioner shall report before the respondent police, daily at about 10.00a.m. And 7.00p.m. until further orders. Further, the petitioner was arrested in Crime No.120 of 2025 on the file of Keeranur Police Station and subsequently the petitioner released on bail in Crl.M.P.No.1536 of 2025, on the file of the learned Principal District and Sessions Judge, Pudukottai dated 06.06.

2025, on one of the condition (a) that the petitioner shall appear and sign before the Keeranur Police Station, on every day at 10.30a.m. for a period of 30 days. He further submits that it is highly improbable for the petitioner to appear and sign before the said police stations daily at 10.00a.m. simultaneously. The petitioner find it very difficult to comply the conditions in various police stations regularly. Therefore, the petitioner seeks indulgence of this court by modifying the condition imposed against him in the order made in Crl.O.P.(MD).No.10234 of 2025 dated 19.06.2025. Hence, he prays to allow this present modification petition.

4. The learned Government Advocate (Crl.side) appearing for the respondent 3/5

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.6(c) in the order made in Crl.O.P(MD).No.10234 of 2025 dated 19.06.2025. Accordingly, Condition No.6(c) is modified as ''(c). The petitioner shall appear and sign before the Inspector of Police, Manapparai Police Station daily at 10.00.a.m. until further orders.'' . The other conditions shall remain unaltered.

6. With the above said modification, this Criminal Miscellaneous Petition is allowed.

sd/- 01/07/2025 / 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.II KULITHALAI , KARUR DISTRICT 4/5

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

4 THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT 5 THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to P. SURLIRAJA Advocate SR.No.6972 (I) DT.01/07/2025

ORDER

IN CRL MP(MD) No.8212 of 2025 IN CRL OP(MD) No.10234 of 2025 Date :01/07/2025 NM/24.07.2025/ 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5