Krishnamoorthi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Krishnamoorthi ... Petitioner Vs.
The Inspector of Police, Puliyangudi Police Station, Tenkasi District.
Crime No.204 of 2024
...Respondent
PRAYER: Criminal Original Petition is filed under Section 483 (i)(b) of BNSS Act, 2023, to pass an order modifying the Condition No.iv imposed in the anticipatory bail order passed in Cr.M.P.No.1896 of 2024, dated 04.09.2024 on the file of the Principal Sessions Court, Tenkasi.
For Petitioner : Mr.R.Ramachandran For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side)
ORDER
This Petition has been filed to modify the Condition No.iv imposed in the anticipatory bail order passed in Cr.M.P.No.1896 of 2024, dated 04.09.2024, on the 1/3
file of the Principal Sessions Court, Tenkasi.
2. This Court does not find any ground to modify the condition imposed by the Court below.
3. It is brought to the notice of this Court that initially, the petitioner filed an anticipatory bail petition, which was allowed by an order dated 01.08.2024 in Cr.M.P.No.1604 of 2024 before the learned Principal Sessions Judge, Tenkasi. The condition imposed in that order was not complied with by the petitioner. Thereafter, the petitioner filed yet another anticipatory bail petition in which an order was passed on 04.09.2024. Even after that order was passed, the petitioner did not comply with the condition and sought for modification.
4. This Court is not convinced with the attitude of the petitioner in this case and hence, this Court is not inclined to modify the condition. The petitioner, who was granted anticipatory bail, ought to have been complied with the condition even at the first instance. If he was not able to comply with any of the condition, he should have taken steps to get it modified. Instead the petitioner by giving up the first order filed another anticipatory bail petition, wherein, the order passed was not complied with. This attitude on the part of the petitioner cannot be entertained. 2/3
5. In view of the above discussion, this Criminal Original petition stands dismissed.
Sd/- 07/11/24 // True Copy // /01/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TSG To 1.The Judge, Principal Sessions Court, Tenkasi 2.The Inspector of Police, Puliyangudi Police Station, Tenkasi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.19216 of 2024 07.11.2024 KVL(02/01/2025) 3 P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3