Chinnasamy v. The State Of Tamil Nadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Chinnasamy, S/o.Thangarasu,

2. Mariyammal, W/o.Chinnasamy,

3. Sangili, S/o.Chinnasamy ... Petitioners Vs The State of Tamil Nadu, Rep by the Inspector of Police, Chinnamanur Police Station, Theni District.

Crime No.196/2025.

... Respondent/Complainant For Petitioners : Mr.M.Karuppasamy Pandian Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER :- To modify the condition No.4(ii) imposed in Crl.MP.No.1036 of 2025 dated 02.06.2025 on the file of learned Principal Sessions Judge, Theni. 1/5

ORDER : The Court Made the following order :- This petition has been filed to modify the condition 4(ii) imposed in Crl.MP.No.1036 of 2025 dated 02.06.2025 on the file of the learned Principal Sessions Judge, Theni.

2. The learned counsel for the petitioners would submit that these petitioners were apprehending arrest for the offences charged under section 329(4), 296(b), 115 (2), 351(3) of BNS and Section 4 of TNPHW Act in Cr.No.196 of 2025 . These petitioners had filed a anticipatory bail application before the learned Principal Sessions Judge, Theni and the Trial Court had granted anticipatory bail to the petitioners by way of order dated 02.06.2025 with certain conditions. The said condition No. 4(ii) is as follows:- '' (ii) The Petitioners shall stay at Sivagangai District and appear and report before the Manamadurai Police Station daily at 10.00a.m. And 05.00p.m. for 30 days and thereafter, shall appear on summons. In the event that the petitioners fail to surrender within 15 days from the date of the order, the anticipatory bail granted will automatically lapse. ''

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3. He further submits that these petitioners native is Theni District, the defactocomplainant is daughter-in-law of the first and second petitioners. The first petitioner is suffering from heart ailment and he is taking treatment for the past five years and the petitioners are coolie workers and they are not in a position to comply the condition before the Manamadurai Police Station, Sivagangai District. Hence, the petitioners seek indulgence of this court by modifying the said condition imposed against them. Hence, he prays for 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 Original Petition.

5. Considering the submissions made by the learned Counsel for the Petitioners and being satisfied with the reasons stated above, this Court is inclined to modify the condition in the order made in Crl.MP.No.1036 of 2025 dated 02.06.2025. Accordingly, Condition No.4(ii) is modified as ''(ii) The Petitioners shall report and sign before the respondent police daily at 10.00a.m. for the period of 30 days and thereafter as and when required for interrogation''. The other conditions shall remain unaltered.

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6. With the above said modification, this Criminal Original Petition is allowed. sd/- 07/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 The Principal Sessions Judge, Theni.

2 The Inspector of Police, Chinnamanur Police Station, Theni District.

3 The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

+1 CC to M/s.M.KARUPPASAMY PANDIAN, Advocate ( SR-8511[I] dated 07/08/2025 ) 4/5

ORDER

IN CRL OP(MD) No.13245 of 2025 Date :07/08/2025 NM/29.08.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5