Madras High CourtCRL OP(MD)/16826/2023dismissed

Samuthiram @ Samuthuraj v. The Inspector Of Police

2023-09-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2023

CORAM

The Hon`ble Mr.Justice G.ILANGOVAN Crl.O.P(MD). No.16826 of 2023 1.Samuthiram @ Samuthuraj 2.Babu @ Madasamy 3.Kanagaraj 4.Selvam @ Selvakumar ... Petitioners / Accused Nos.1 to 4 Vs State represented by the The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

in Crime No.341 of 2023 ... Respondent / Respondent Prayer:

This Criminal Original Petition is filed under Section 439(1) and 482 of Cr.P.C., to modify the condition (ii) imposed by the Court of Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Crl.m.P.No.4531 of 2023 on 05.09.2023 and permit the petitioners / Accused Nos.1 to 4 to appear before the respondent police daily or Judicial Magistrate Court No.II, Sivakasi. 1/4

ORDER: This petition coming on for orders on this day,upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Jothi Basu, Advocate for the petitioner and of Mr.S.Manikandan, Government Advocate (Crl.side) for the Respondent, the court made the following order:- This Criminal Original Petition has been filed to modify the condition (ii) imposed by the Court of Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Crl.M.P.No.4531 of 2023 on 05.09.2023 and permit the petitioners / Accused Nos.1 to 4 to appear before the respondent police daily or Judicial Magistrate Court No.II, Sivakasi.

2. Learned counsel for the petitioners submitted that the petitioners were directed to stay at Dharmapuri and appear before the Judicial Magistrate No.I, Dharmapuri. The petitioners are finding it difficult to travel 500 kms every day and seeks for modification of the condition to appear before the respondent police.

3. The condition was imposed by the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur. If the petitioners want any modification or to set aside the condition, he must approach the concerned Court. There after only he can move this Court.

2/4

4. This Criminal Original Petition is dismissed, directing the petitioners to approach the concerned Court for setting aside any conditions by filing appropriate petitions.

sd/- 19/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn To 1 The Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur 2 The Judicial Magistrate Court No.II, Sivakasi. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

4.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.M.LAW CHAMBER, Advocate ( SR-13812[I] dated 19/09/2023 ) 3/4

ORDER

IN Crl.O.P(MD). No.16826 of 2023 Date : 19/09/2023 MK/06.10.2023 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4