P.Kathiravan v. The State Of Tamilnadu Rep By Inspector Of Police, Kaniyakumari, V And Ac

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.19853 of 2025 P.Kathiravan, S/o.Periyasamy, Drugh Inspector, Valliyur Circle, Nagercoil, No.5/6 : 8/3682, Anna Nagar, Pulvaa Patti Post, Thiruppur.

.. Petitioner Vs The State of Tamil Nadu Rep, By the Inspector of Police, Vigilance and Anti-Corruption Police Station, Nagercoil, Kanyakumari District.

In Crime No.8 of 2025. .. Respondent/Complainant For Petitioner : Mr.P.T.Ramesh Raja, Advocate.

For Respondent : Mrs.M.Aasha, Government Advocate (Crl.Side) PETITION FOR LOWER COURT BAIL MODIFICATION Under Sec.483(1)(b) r/w 528 of BNSS 1/5

PRAYER :- Criminal Original Petition is filed to set aside the order passed by the learned Principal Sessions Judge, Kanyakumari, in Crl.M.P.No.4112 of 2025 dated 03.11.2025, and to modify the condition imposed in Crl.M.P.No.3784 of 2025 dated 13.10.2025, insofar as it requires the petitioner to report and sign before the respondent police station daily at 10.00 a.m. until further orders.

ORDER : The Court made the following order :- This petition has been filed to set aside the order in Crl.M.P.No.4259 of 2025 on the file of the Principal Sessions Judge,Tirunelveli dated 20.09.2025 and modify the condition in Paragraph No.'C' in the order in Crl.M.P.No.3941 of 2025 on the file of the Principal Sessions Judge, Tirunelveli, dated 03.09.2025.

2. Heard the learned counsel on both sides and perused the materials available on record.

3. The allegation against the petitioner is 2/5

corruption charges and he was arrested and released on bail on certain conditions, and there was a specific condition that he shall report daily before the respondent police. In the meanwhile, he met with an accident and admitted in the hospital. Therefore, he submitted a relaxation petition before the trial Court where he has stated that he was admitted until 30.10.2025, but the learned Principal Sessions Judge, Tirunelveli has directed the prosecution to verify the same. The prosecution verified and reported that as on 30.10.2025 the petitioner was not in hospital. Hence, the learned Judicial Magistrate has dismissed the relaxation petitioner.

4. According to the petitioner, he was admitted in the hospital and discharged and subsequently he was readmitted in the hospital. The fact remains that he was admitted as inpatient from 15.10.2025 to 26.10.2025 and he was discharged on 26.10.2025. But he was readmitted on 01.11.2025 and the petitioner was not in the hospital from 27.10.2025 to 31.10.2025 only there was 5 days he was out patient. There may 3/5

be miscommunication between the petitioner and the advocate and it cannot be a serious lapse. Therefore, considering the same, the impugned order passed by the learned Principal Sessions Judge,Tirunelveli is set aside and the condition imposed on the petitioner in Crl.M.P.No.3784 of 2025 dated 13.10.2025, is modified and the petitioner shall report before the respondent police from 10.12.2025 to 23.12.2025 and thereafter as and when required. The other conditions imposed by the trial Court is confirmed.

5. Accordingly, this petition is disposed of. 12.11.2025 PJL To 1.The Principal Sessions Judge, Kanyakumari.

2.The Inspector of Police, Vigilance and Anti-Corruption Police Station, Nagercoil, Kanyakumari District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.19853 of 2025 Date : 12/11/2025 5/5