Madras High CourtCRL MP(MD)/733/2026allowed

Ashok Kumar v. The State Of Tamil Nadu

2026-01-19Honourable Mrs Justice N. Mala4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2026 PRESENT THE HONOURABLE MRS.JUSTICE N.MALA CRL MP(MD). No.733 of 2026 in CRL.A(MD). No.217 of 2025 Ashok Kumar ... Petitioner/Petitioner Vs State of Tamil Nadu Rep by the Inspector of Police, All Women Police Station, Devakottai, Sivagangai District

...Respondent/Complainant

For Petitioner : Mr.P.Muthusamy For Respondent : Mr.K.Sanjai Gandhi Government Advocate(Crl.side) PETITION FOR RELAXATION Under Sec.528 of BNSS. PRAYER :- To relax the condition imposed by this Court in Crl.M.P.No. 5345 of 2025 in C.A(MD)No.217 of 2025 dated 17.10.2025 on the file of this Court.

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ORDER : The Court Made the following order :- The above petition has been filed seeking an order to relax the condition No.11(iii) imposed on the petitioner by this Court in Crl.M.P.No. 5345 of 2025 in C.A(MD)No.217 of 2025 dated 17.10.2025.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent.

3. The petitioner states that he is the sole bread winner of the family and engaged in agricultural coolie work. The petitioner also states that because of the condition imposed by this Court in Crl.M.P.No. 5345 of 2025 in C.A(MD)No.217 of 2025 dated 17.10.2025, the petitioner finds it very difficult to attend his work. The petitioner therefore seeks modification of the condition No.11(iii).

4. The learned Government Advocate (Crl.side) submits that the petitioner is regularly complying with the condition without any default. 2/4

5. In the facts and circumstances of the case, this Court is inclined to modify the condition imposed Crl.M.P.No. 5345 of 2025 in C.A(MD)No.217 of 2025 dated 17.10.2025 to the effect that the petitioner shall appear before the trial court monthly once i.e first working day of every month at 10.30 a.m till the disposal of the appeal. If the petitioner is not able to appear before the trial court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C and shall appear before the trial court on any other day in lieu of the date of his absence, as directed by the trial court.

6. Accordingly, this petition is ordered.

19.01.2026 CM To :

1. Inspector of Police, All Women Police Station, Devakottai, Sivagangai District

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

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N.MALA, J.

CM ORDER in CRL MP(MD). No.733 of 2026 in CRL.A(MD). No.217 of 2025 Dated : 19/01/2026 4/4