Spurgen v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.08.2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in CRL.OP(MD). No.9208 of 2025 1.Spurgen

2. John Victor @ Victor ... Petitioners Vs.

The State of Tamil Nadu, Rep by the Inspector of Police, Marthandam Police Station, Kanniyakumari District.

(Crime No.324 of 2025) ... Respondent PRAYER :- Criminal Miscellaneous Petition filed under Section 483(1) r/w 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to modify the condition imposed upon the petitioners in Crl.OP(MD).No.9208 of 2025, order dated 13.06.2025 in so far as the condition No.C to report before the respondent police daily twice ie., at 10.30 a.m., and 05.30 p.m., to any other police station, on the file of this Court. For Petitioner :

Mr.G.Aravinthan Advocate For Respondent :

Mr.M.Karunanithi, Government Advocate (Criminal Side) 1/4

ORDER : The Court made the following order :- This petition has been filed for modification of the conditions Nos.7(c ) imposed on the petitioners in Crl.OP(MD).No.9208 of 2025 dated 13.06.2025.

2. The learned counsel for the petitioners submitted that due to the medical condition of the 2nd petitioner, they were unable to comply with the conditions. Thereafter, after recovery from the ailments, the petitioner has appeared before the respondent police to comply with the conditions but the respondent police have not permitted the petitioners to comply with the conditions. Hence, he prays for modification of the above-mentioned conditions.

3. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner has not complied with the conditions as imposed by this Court and there are 7 previous cases pending against the petitioners.

4. Being satisfied with the reasons stated by the petitioners and considering the nature of offence, the condition Nos.7 (c ) imposed by this Court in Crl.OP(MD). No.9208 of 2025 dated 13.06.2025, is modified as follows:- ''7 (c ) The petitioners shall stay at Madurai and report before the Inspector of Police, Thallakulam Police Station, Madurai, at 10.30 a.m., for a period of 15 days, from the date of receipt of a copy of this order.'' 2/4

5. Accordingly, this Criminal Miscellaneous Petition is allowed. No costs. sd/- 01/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1 The Judicial Magistrate No.I, Kuzhithurai. 2 The Inspector of Police, Marthandam Police Station, Kanniyakumari District.

3 The Inspector of Police, Thallakulam Police Station, Madurai.

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

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+1 CC to M/s.K.SIVABALAN, Advocate ( SR-8326[I] dated 01/08/2025 )

ORDER

IN CRL MP(MD) No.10153 of 2025 IN CRL OP(MD) No.9208 of 2025 Date :01/08/2025 AS/26.08.2025/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4