Muthukumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Muthukumar ... Petitioner Vs.

State rep.by The Sub Inspector of Police, Keelaparalachi Police Station.

... Respondent Prayer : Criminal Original Petition filed under Sections 439(1)(b) and r/w 482 of the Code of Criminal Procedure, to modify the condition No.1 and 2 imposed upon the petitioners in Cr.M.P.No.3776 of 2023 dated 24.07.2023. For Petitioner : Mr.G.Mariappan For Respondent : Mr.R.Suresh Kumar Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to modify the condition Nos.1 and 2 imposed on the petitioner in Cr.M.P.No.3776 of 2023 dated 24.07.2023. passed by the learned Principal District Sessions Judge, Virudhunagar at Srivilliputhur.

1/5

2. The learned counsel for the petitioner submitted that the petitioner has filed anticipatory bail petition in Cr.M.P.No.3776 of 2023 before the learned Principal District and Sessions Judge, Virudhungar at Srivilliputhur, and the same was allowed on 24.07.2023 with the following conditions:-

1. The petitioner shall execute a personal bond for a sum of Rs.25,000/- with two sureties each for a like sum to the satisfaction of the learned Sessions Judge Court for Exclusive trial of acases under POCSO Act, Virudhungagar District at Srivilliputhur

2. The petitioner shall appear before the Sessions Judge, Special Court for Exclusive trial of Cases under POCSO Act, Virudhungar District at Srivilliputhur every day at 10.30 a.m., until further orders.

3. The learned counsel appearing for the petitioner submits that the petitioner is residing at Melaparikulam Village, Thiruchuli and the petitioner is residing at about of 80 Kms away from the Srivilliputhur. He further submitted that the petitioner is not having any means to travel such a long distance.

2/5

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner attacked his mother, on that ground only, the above said order was passed by the learned Principal District and Sessions Judge, Virudhungar at Srivilliputhur.

5. Considering the submission made by the learned counsel for the petitioner, the condition imposed by the learned Principal District and Sessions Judge, Virudhungar at Srivilliputhur, in Cr.M.P.No.3776 of 2023 dated 24.07.2023 is modified as follows:-

1. The petitioner shall produce the sureties to the satisfaction of the learned Judicial Magistrate, Thiruchuli. Executing the sureties is extended by 15 days, from the date of receipt of a copy of this order.

2. The petitioner shall report before the respondent police daily at 10.00 a.m until further orders.

04.08.2023 Index : Yes/No Internet:Yes/No tta 3/5

To 1.The Sub Inspector of Police, Keelaparalachi Police Station.

2. Additional Public Prosecutor Madurai Bench of Madras High Court.

4/5

G.ILANGOVAN, J., tta 04.08.2023 5/5