Madras High CourtCRL OP(MD)/14078/2023ordered

Muthuraj v. The Inspector Of Police

2023-08-02Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Muthuraj ... Petitioner / Sole Accused Vs State represented by The Inspector of Police, Pudhukottai All Women Police Station, Thoothukudi District.

Crime No.6 of 2023.

... Respondent / Complainant Prayer:

This Criminal Original Petition is filed under Section 482 of Cr.P.C., to modify the condition No.(iii) imposed for the petitioner herein by the learned Principal District and Sessions Judge, Thoothukudi in Cr.M.P.No.3738 of 2023. For Petitioner : M/s.R.Senthil Kumar, Advocate For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed seeking modification of the order dated 26.06.2023 passed by the learned Principal District and Sessions Judge, Thoothukudi 1/3

in Cr.M.P.No.3738 of 2023.

2. The petitioner is facing charges under Section 498A of IPC and Section 4 of TNPHW Act, in Crime No.6 of 2023 before the respondent police. The petitioner's wife namely Sridevi is the defacto complainant. Therefore, the petitioner preferred an anticipatory bail before the learned Principal District and Sessions Judge, Thoothukudi in Cr.M.P.No.3738 of 2023. The same was allowed on 26.06.2023 with condition that the petitioner should appear and sign before the respondent police for a period of one month from the date of his release.

3. The grievance of the petitioner is that the petitioner is abiding the conditions regularly till date, without fail. Since he is the only breadwinner of the family, he finds it very difficult to appear before the respondent police daily. He seeks modification of the conditions imposed on him.

4. The learned Government Advocate (Crl.side) would submit that the petitioner has complied the condition for 14 days.

5. Considering the submissions of the learned counsel on either side and also considering the facts and circumstances of this case, the condition imposed by the learned Principal District and Sessions Judge, Thoothukudi, in Cr.M.P.No.3738 of 2023 is modified and the petitioner is directed to appear before the respondent police once in a month ie., the first Sunday of the month. 2/3

6. With this modification, this Criminal Original Petition is ordered. sd/- 02/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The Principal District and Sessions Judge, Thoothukudi. 2.The Judicial Magistrate No.IV, Thoothukudi. 3.Do through the Chief Judicial Magistrate, Thoothukudi District.

4.The Inspector of Police, Pudhukottai All Women Police Station, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.14078 of 2023 Date :02/08/2023 ED/VR/SAR- I (14/08/2023) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3