Sanmugavelu @ Sanmugapandian v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024 CORAM :

THE HON'BLE MR JUSTICE D. BHARATHA CHAKRAVARTHY Sanmugavelu @ Sanmugapandian S/o.Subramanian ... Petitioner / Sole Accused Vs.

The State rep. by The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

(in Crime No.291 of 2024) ... Respondent / Complainant PRAYER:- Criminal Original Petition filed under Section 483(i)(b) r/w. 528 BNS Act, 2023 to call for the entire records pertaining to the order passed by the learned Principal Session Court, Sivagangai in Crl.M.P. No.2524 of 2024 vide order dated 14.10.2024 and modify the condition imposed in condition in para no.4, "the petitioner shall stay at Ariyalur District and appear, sign before the Udayarpalayam Police Station daily morning at 10.00 a.m. and evening 5.00 p.m. and shall sign for 30 days and thereafter, shall appear on summons..".

For Petitioner : Mr.M.Pandian For Respondent : Mr.A.Albert James, Government Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition has been filed with the prayer to call for the entire records pertaining to the order passed by the learned Principal Session Court, Sivagangai in Crl.M.P. No.2524 of 2024 vide order dated 14.10.2024 and modify the condition imposed in para no.4, "the petitioner shall stay at Ariyalur District and appear, sign before the Udayarpalayam Police Station daily morning at 10.00 a.m. and evening 5.00 p.m. and shall sign for 30 days and thereafter, shall appear on summons..".

2. Heard both sides.

3. Considering the pleading made by the learned counsel for the petitioner that the petitioner has a fracture and right now is bedridden with plaster, I am inclined to modify the condition. Since the petitioner is said to have fractured his leg, he cannot now travel to Ariyalur to sign before the Udayarpalayam Police Station. Since it is stated that he cannot even walk, presently, even though there is communal tension, there will not be any problem in the local area. In view thereof, the petitioner shall make such arrangements to go to Court either by an ambulance or such 2/4

other means and execute the surety within one week from the date of receipt of a copy of this order. Thereafter, the respondent shall conduct the interrogation at the petitioner's residence only. Once the petitioner's fracture has healed, from 16.12.2024, the petitioner shall report before the respondent police and sign for a period of 10 days.

4. With the above modification, this Criminal Original Petition is ordered accordingly.

29.10.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order pal To

1. The Principal Session Court, Sivagangai.

2. The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

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

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D. BHARATHA CHAKRAVARTHY, J., pal 29.10.2024 4/4