M.Premsingh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05-08-2025

CORAM

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI AND CRL RC(MD) NO. 940 OF 2024 M.Premsingh S/o. Manuel, Narikulam, Mahadanapuram, Kanyakumari District.

Now confined at Central Prison, Palayamkottai.

Petitioner Vs The State of Tamilnadu Rep. by The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

Crime No. 1239/1992 Respondent PRAYER:- This Criminal Miscellaneous Petition is filed under Section 528 of BNSS, to relax the condition directing the petitioner to appear before the Assistant Sessions Judge, Padmanabhapuram on all first working day of every week at 10.30 AM until further orders imposed in Crl.M.P.(MD)No.10382/2024 dated 02.12.2024 in Crl.R.C. (MD)No.940/2024 on the file of this Court.

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For Petitioner :

Mr.R.Venkateswaran For Respondent :

Mr.S.S.Manoj, Government Advocate (Crl.)

ORDER

This Criminal Miscellaneous Petition is filed, to relax the condition imposed on the petitioners in Crl.M.P.(MD)No.10382 of 2024 in Crl.R.C.(MD)No.940 of 2024, dated 02.12.2024.

2.The learned counsel appearing for the petitioner submitted that this Court has granted suspension of sentence to the petitioner on 02.12.2024, directing the petitioner to appear before the learned Assistant Sessions Court, Padmanabhapuram, on all first working days of every week at 10.30 a.m., until further orders. After four months, the petitioner has filed a petition for relaxation of the aforesaid condition. However, this Court dismissed the same, by order dated 09.04.2025. Now, the petitioner has filed the second application for relaxation of the aforesaid condition. He further submitted that the petitioner is complying the condition till now and prayed the condition to be relaxed. 3.The learned Government Advocate (Crl.) appearing for the respondent submitted that the petitioner is complying the condition for the past eight months and till now.

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4.In view of the aforesaid submissions, this Court is inclined to modify the condition imposed by this Court in Crl.M.P.(MD)No.10382 of 2024 dated 02.12.2024. Hence, this Criminal Miscellaneous Petition is partly allowed by modifying the condition that the petitioner is directed to appear before the learned Trial Court once in a month i.e., on Monday of every English calendar month at 10.30 a.m., until further orders.

sd/- 05/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

Mrn TO 1.The Additional District and Sessions Judge, Padmanabhapuram.

2.The Assistant Sessions Judge, Padmanabhapuram. 3.The Judicial Magistrate, Padmanabhapuram.

4.The Inspector of Police, Thuckalay Police Station, Kanyakumari District. 3/4

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

+1 CC to M/s.RVENKATESWARAN, Advocate ( SR-8392[I] dated 05/08/2025 )

ORDER

IN AND CRL RC(MD) NO. 940 OF 2024 Date :05/08/2025 PR/22.08.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4