Kirith @ Jebakithiyon v. The State Of Tamilnadu, Rep. By The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD).No.14106 of 2025 Kirith @ Jebakithiyon, S/o.Davidson, ... Petitioner Vs The State of Tamil Nadu, Rep by the Sub-Inspector of Police, Eraniel Police Station, Kanyakumari District.

Crime No.410/2025.

... Respondent/Complainant For Petitioner : Mr.A.Balakrishnan Advocate.

For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER :- To modify the condition imposed in Para.9(ii) of the order in Crl.MP.No.2935/2025 passed by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil dated 04.08.2025. 1/5

ORDER : The Court Made the following order :- This petition has been filed to modify the condition 9(ii) imposed in Crl.MP.No.2935 of 2025 dated 04.08.2025 on the file of the learned Principal Sessions Judge, Kanyakumari District at Nagercoil.

2. The learned counsel for the petitioner would submit that this petitioner had filed a anticipatory bail application before the learned Principal Sessions Judge, Kanyakumari District at Nagercoil and the Trial Court had granted anticipatory bail to the petitioner by way of order dated 04.08.2025 with certain conditions. The said condition 9 (ii) is as follows:- '' (ii) After release, the petitioner shall Stay at Virudhunagar, appear and sign before the Judicial Magistrate No.I, Virudhunagar daily twice at 10.30.a.m. and 05.00p.m. Until further orders. ''

3. He further submits that the petitioner was no way connected with the alleged occurrence. The condition imposed by Sessions Judge to sign before the learned Magistrate No.I, Virudhunagar daily twice is enormous one and liable to be modified. This petitioner find it very 2/5

difficult to appear and sign before the Judicial Magistrate No.I, Virudhunagar daily twice at 10.30a.m. And 05.00p.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.9(ii) in the order made in Crl.MP.No.2935 of 2025 dated 04.08.2025. Accordingly, Condition No. 9(ii) is modified as ''(ii) the petitioner shall appear and sign before the respondent police, daily at 10.30.a.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.

(P V M J) 26.08.2025 gvn To:-

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

2. The Sub-Inspector of Police, Eraniel Police Station, Kanyakumari District.

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

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P.VADAMALAI, J.

gvn

ORDER

in CRL OP(MD).No.14106 of 2025 Dated : 26/08/2025 5/5