Jayakumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Jayakumar, S/o.Kaliyan, ... Petitioner/Petitioner Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thiruvidaimaruthur Police Station, Crime No.176/2025. ... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan Advocate.

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

PRAYER :- To call for the records in Crl.M.P.No.3339 of 2025 dated 25.06.2025 on the file of the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur and seeking to modify the condition No.ii imposed in Crl.MP.No.2762 of 2025 dated 21.05.2025 on the file of the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.

ORDER : The Court Made the following order :- This petition has been filed to To call for the records in Crl.M.P.No.3339 of 2025 dated 25.06.2025 on the file of the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur and seeking to modify the condition No.ii imposed in Crl.MP.No.2762 of 2025 dated 21.05.2025 on the file of the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.

2. The learned Counsel for the petitioner would submit that the petitioner has filed an bail petition before the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur in Crl.MP.No.2762 of 2025. The said bail petition was heard and on 21.05.2025, the Hon'ble trial Court 2/5

was pleased to grant bail to the petitioner with certain conditions. In the said bail order, Condition No.(ii) as follows:

''(ii). The petitioner/accused is directed to appear and sign before the Judicial Magistrate No.1, Madurai daily at 10.00a.m. until further order.''

3. He further submits that this petitioner after executing sureties, he complied the said condition from 07.06.2025 for the past 25 days without fail. Subsequently, he filed modification petition in Crl.M.P.No.3339 of 2025 on the file of the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur. On 25.06.2025, the trial Court has dismissed the said modification petition. He further submits that the petitioner is native of Thiruvidaimaruthur and at present he staying at Madurai. In view of the said condition, he was not able to go for his regular work and he is only breadwinner of his family. Therefore, the petitioner seeks indulgence of this court by modifying the said condition imposed against him. Hence, he prays to allow this present petition.

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 3/5

modify the Condition No.(ii) in the order made in Crl.MP.No.2762 of 2025 dated 21.05.2025 on the file of the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur. Accordingly, Condition No.(ii) is modified as ''(ii). The petitioner/accused is directed to appear and sign before the Judicial Magistrate, Thiruvidaimaruthur daily at 10.00a.m. until further order''. The other conditions shall remain unaltered.

6. With the above said modification, this Criminal Original Petition is allowed. sd/- 11/07/2025 / 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 Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.

2. The Judicial Magistrate, Thiruvidaimaruthur.

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3. Do through the Chief Judicial Magistrate, Thanjavur District @ Kumbakonam.

4.The Inspector of Police, Thiruvidaimaruthur Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.11370 of 2025 Date :11/07/2025 PS/SAR.30.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5