Madras High CourtCRL OP(MD)/14256/2025disposed of

B. Alxander v. The State Of Tamilnadu

2025-09-10Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD).No.14256 of 2025

1. B.Alxander

2. Sajin @ Sajin Kishore

3. Vijay @ Jino Abinash

4. Prabhu

5. Melbin

6. Vino @ Antony Cruz

7. Amalathasan

8. Abishek @ Antony Adimai

9. Stephen Raj @ Dino

10. Suman @ Sahayaa Suman

11. Seejan @ Edwin Seejan

12. Kiniston @ Xiniston ... Petitioners Vs The State of Tamil Nadu, Rep by the Inspector of Police, Colachel Police Station, Nagercoil, Kanyakumari District.

Crime No.199/2025.

... Respondent/Complainant For Petitioners : Mr.K.Anandraj Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) 1/5

PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER :- To modify the condition imposed in Para.7(ii) of the order in Crl.MP.No.2921/2025 passed by the learned Principal District and Sessions Judge, Kanyakumari District at Nagercoil dated 31.07.2025. ORDER : The Court Made the following order :- This petition has been filed to modify the condition No.7(ii) imposed in Crl.MP.No.2921 of 2025 dated 31.07.2025 on the file of the learned Principal District and Sessions Judge, Kanyakumari District at Nagercoil.

2. The learned counsel for the petitioners would submit that this petitioners have filed an anticipatory bail application before the learned Principal District and Sessions Judge, Kanyakumari District at Nagercoil and the Trial Court had granted anticipatory bail to the petitioners by way of order dated 31.07.2025 with certain conditions. The condition No.7(ii) is as follows:- '' (ii) After release, the petitioners shall stay at Srivilliputhur, appear and sign before the Judicial Magistrate No.I, Srivilliputhur daily twice at 10.30a.m. and 5.00p.m. until further orders.'' 2/5

3. He further submits that the said condition No.7(ii) i.e., to stay at Srivilliputhur and sign before the Judicial Magistrate No.I, Srivilliputhur daily twice at 10.30a.m. and 05.00p.m. is totally affecting the livelihood of the petitioners. This petitioners are daily wagers and they are fisherman, these petitioners find it very difficult to appear and sign before the Judicial Magistrate No.I, Srivilliputhur daily twice at 10.30a.m. and 05.00p.m. 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 No.7(ii) in the order made in Crl.MP.No.2921 of 2025 dated 31.07.2025. Accordingly, Condition No.7 (ii) is modified as ''(ii) The petitioners shall appear and sign before the respondent police, daily at 06.00.p.m. for the period of one week and 3/5

thereafter they shall appear and sign before the respondent police weekly once i.e., on every Monday at 06.00p.m. until further orders.''. The other conditions shall remain unaltered.

6. With the above said modification, this Criminal Original Petition is allowed.

(S S Y J) 10.09.2025 gvn To:-

1. The Principal Sessions Judge, Kanyakumari District at Nagercoil.

2. The Judicial Magistrate No.I, Srivilliputhur,

3. The Inspector of Police, Colachel Police Station, Nagercoil, Kanyakumari District.

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

4/5

S.SRIMATHY, J.

gvn

ORDER

in CRL OP(MD).No.14256 of 2025 Dated : 10/09/2025 5/5