Varghese v. The State Of Tamil Nadu,

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.14255 of 2025 Varghese, S/o.Lawrence, ... Petitioner 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 Petitioner : Mr.K.Anandraj Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER :- To modify the condition imposed in Para.7 of the order in Crl.MP.No.2895/2025 passed by the learned Principal District and Sessions Judge, Kanyakumari District at Nagercoil dated 31.07.2025. 1/5

ORDER : The Court Made the following order :- This petition has been filed to modify the condition No. 7 imposed in Crl.MP.No.2895 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 petitioner would submit that this petitioner had filed an bail application before the learned Principal District and Sessions Judge, Kanyakumari District at Nagercoil and the Trial Court had granted bail to the petitioner by way of order dated 31.07.2025 with certain conditions. The condition N.7 is as follows:- '' 7. In the result, the petitioner/accused is ordered to be enlarged on bail on his executing a bond for a sum of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Eraniel and after release the petitioner 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 and accordingly this petition is allowed.''

3. He further submits that the said condition i.e., to stay at Srivilliputhur and sign before the Judicial Magistrate No.I, Srivilliputhur daily twice at 10.30a.m. asnd 05.30p.m. is totally affecting 2/5

the livelihood of the petitioner. This petitioner is a daily wager and he is fisherman, this petitioner find it very difficult to appear and sign before the Judicial Magistrate No.I, Srivilliputhur daily twice at 10.30a.m. and 05.30p.m. Hence, the petitioner seek indulgence of this court by modifying the said condition imposed against him. 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 Petitioner and being satisfied with the reasons stated above, this Court is inclined to modify the condition No.7 in the order made in Crl.MP.No.2895 of 2025 dated 31.07.2025. Accordingly, Condition No.7 is modified as ''7. The petitioner shall appear and sign before the respondent police, daily at 06.00.p.m. for the period of one week and thereafter he 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.

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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.

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S.SRIMATHY, J.

gvn

ORDER

in CRL OP(MD).No.14255 of 2025 Dated : 10/09/2025 5/5