R.Prabakar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2024 CORAM :

THE HON'BLE MR JUSTICE D. BHARATHA CHAKRAVARTHY 1.R.Prabakar 2.S.Dhinesh Moorthy 3.T.Sundararaj @ Sunder Raj 4.T.Ramesh 5.T.Sasikumar @ Sasi 6.R.Rabikumar @ Ravikumar 7.S.Suyambu 8.M.vinesh 9.A.Mahesh

...Petitioners/ Accused Nos.1 to 4,

6 to 9 Vs.

State of Tamil Nadu rep. by the Sub Inspector of Police, Colachel Police Station, Kanniyakumari District (in Crime No.248 of 2024) ... Respondent / Respondent PRAYER:- Criminal Original Petition filed under Section 483(i)(b) r/w. 528 BNS Act, 2023 to modify the condition imposed in Cr. M.P No. 3297/2024 in Crime No. 248 of 2024 on the file of the learned Principal Sessions Judge, Kanyakumari District at Nagercoil by modifying the 2nd condition to stay at Madurai and appear before the learned Judicial Magistrate No.II, Madurai daily twice at 10.30 am and 5.00 pm by an order, dated 11.09.2024 and the petitioners may directed to appear before any one of the learned Judicial Magistrate Court at Kuzhithurai, Kanniyakkumari District. For Petitioners : Mr.Ananth C Rajesh For respondent :Mr.A.Albert James Government Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to modify the condition imposed in Cr. M.P No. 3297/2024 in Crime No. 248 of 2024 on the file of the learned Principal Sessions Judge, Kanyakumari District at Nagercoil by modifying the 2nd condition to stay at Madurai and appear before the learned Judicial Magistrate No.II, Madurai daily twice at 10.30 am and 5.00 pm by an order, dated 11.09.2024 and the petitioners may directed to appear before any one of the learned Judicial Magistrate Court at Kuzhithurai, Kanniyakkumari District.

2. Heard both sides.

3. The petitioners seek modification of the condition No.2. The condition is that the petitioners to stay at Madurai and appear before the Judicial Magistrate No.II, Madurai daily twice at 10.30 am and 5:00 pm until further orders.

4. The learned counsel for the petitioners submits that there is absolutely no justification for the petitioners for imposing such a condition.

5. The learned Government Advocate (Crl. Side) would submit that there is picketing in the local area and only because of the same, the petitioners were required to stay away. In fact, in the connected anticipatory bail application, this Court also imposed such a condition.

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6. Considering the overall facts and circumstances and considering the difficulty expressed by the learned counsel for the petitioners, the petitioners shall comply with the condition as imposed by the trial court for a total period of 10 days from the date of receipt of a copy of this order and then, the said condition shall stand relaxed.

7. This Criminal Original Petition is ordered accordingly. sd/- 19/10/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE PRINCIPAL SESSIONS JUDGE, KANYAKUMARI DISTRICT AT NAGERCOIL 2 THE JUDICIAL MAGISTRATE , NO.II, MADURAI 3 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

4 THE SUB INSPECTOR OF POLICE, COLACHEL POLICE STATION, KANYAKUMARI DISTRICT. 3/4

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.17854 of 2024 Date :19/10/2024 PSP/ VR /SAR /19.11.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4