Madras High CourtCRL OP(MD)/13615/2025allowed

Parthiban v. The State Of Tamilnadu

2025-08-18Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Parthiban, s/o.Rajendran, ... Petitioner Vs The State of Tamil Nadu, Rep by the Inspector of Police, Utamapalayam Police Station, Theni District.

Crime No. 150 of 2023.

... Respondent/Complainant For Petitioner : Mr.S.Poornachandran, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec. 483(1)(b) of BNSS PRAYER :- To modify the conditions imposed in Crl.M.P.No.1645 of 2025, dated 04.08.2025 on the file of the learned Principal Sessions Judge, Theni. ORDER : The Court Made the following order :- 1/4

This Criminal Original Petition has been filed to modify the conditions imposed in Crl.M.P.No.1645 of 2025, dated 04.08.2025 on the file of the learned Principal Sessions Judge, Theni.

2. The learned counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 03.05.2025. This petitioner had filed a bail application before the learned Principal Sessions Judge, Theni and the Trial Court had granted bail to the petitioner by way of order dated 04.08.2025 with certain conditions. The condition No.(ii) is as follows:- '' (ii) Daily Appearance Requirement:- The petitioner shall appear and report before the Judicial Magistrate Court, Uthamapalayam daily at 10.30 a.m., for 30 days and shall appear on all hearing dates without seeking any excuses."

3. He further submitted that this petitioner complying the said condition regularly for a period of 8 days. This petitioner is working at Indian Army. During holidays, when he returned to his native, the alleged occurrence had taken place. He further submitted that the petitioner has to join at his regiment at Coimbatore. Due to the above said condition imposed, he could not join his regiment. Hence, he prays for modification of the said condition.

4. The learned Government Advocate (Crl.side) appearing for the respondent 2/4

has not raised any objection to allow this Criminal Original Petition.

5. Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above, this Court is inclined to modify the condition in the order made in Crl.MP.No.1645 of 2025 dated 04.08.2025. Accordingly, Condition No.(ii) is modified as ''(ii) The Petitioner shall report and sign before the Inspector of Police, Sulur Police Station, Coimbatore daily at 10.30 a.m. for remaining period of 22 days, except on hearing dates. On hearing dates, the petitioner shall appear before the concerned Court without fail. ''. The other conditions shall remain unaltered.

6. With the above said modification, this Criminal Original Petition is allowed. sd/- 18/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das To:-

1. The Principal Sessions Judge, Theni.

2. The Judicial Magistrate, Uthamapalayam.

3/4

3. The Inspector of Police, Uthamapalayam Police Station, Theni District.

4.The Inspector of Police, Sulur Police Station, Coimbatore.

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

ORDER

IN CRL OP(MD) No.13615 of 2025 Date :18/08/2025 HPS/11.09.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4