High Court · 2025

CRL OP(MD). No.12100 of 2025 etc casesBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Date : 22/07/2025PRESENTTHE HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD).Nos.12100, 12102, 12103, 12104 & 12105 of 2025M.Amsarajan, S/o.Marimuthu, ... Petitioner in CRL OP(MD).Nos.12100, 12102, 12103, 12104 & 12105 of 2025 VsThe State of Tamil Nadu,Rep by the Sub-Inspector of Police, Allinagaram Police Station, Theni District. Crime No.391/2023. ... Respondent in Crl.OP(MD).12100/2025The State of Tamil Nadu,Rep by the Sub-Inspector of Police, Allinagaram Police Station, Theni District. Crime No.323/2022. ... Respondent in Crl.OP(MD).12102/2025The State of Tamil Nadu,Rep by the Sub-Inspector of Police, Allinagaram Police Station, Theni District. Crime No.184/2024. ... Respondent in Crl.OP(MD).12103/20251/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12100 of 2025 etc casesThe State of Tamil Nadu,Rep by the Sub-Inspector of Police, Allinagaram Police Station, Theni District. Crime No.9/2024. ... Respondent in Crl.OP(MD).12104/2025The State of Tamil Nadu,Rep by the Sub-Inspector of Police, Allinagaram Police Station, Theni District. Crime No.277/2023. ... Respondent in Crl.OP(MD).12105/2025(In all cases) For Petitioner : Mr.K.Srinivasaragavan Advocate. For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side)PETITIONS FOR MODIFICATION Under Sec.528 of BNSS PRAYER in Crl.O.P.(MD).No.12100/2025 :- To modify the condition No.(i) & (ii) imposed in Crl.MP.No.588 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. PRAYER in Crl.O.P.(MD).No.12102/2025 :- To modify the condition No.(i) & (ii) imposed in Crl.MP.No.589 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12100 of 2025 etc casesPRAYER in Crl.O.P.(MD).No.12103/2025 :- To modify the condition No.(i) & (ii) imposed in Crl.MP.No.590 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. PRAYER in Crl.O.P.(MD).No.12104/2025 :- To modify the condition No.(i) & (ii) imposed in Crl.MP.No.592 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. PRAYER in Crl.O.P.(MD).No.12105/2025 :- To modify the condition No.(i) & (ii) imposed in Crl.MP.No.593 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. COMMON ORDER : The Court Made the following common order :-These petitions have been filed to modify the condition Nos.(i) & (ii) imposed in Crl.MP.Nos.588, 589, 590, 592 & 593 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. 2. The learned Counsel for the petitioner would submit that this petitioner has filed bail applications before the learned Judicial Magistrate, Theni in Crl.MP.Nos.588, 589, 590, 592 & 593 of 2025. The said bail petitions were heard and on 27.02.2025, the trial Court was 3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12100 of 2025 etc casespleased to grant bail to the petitioner with certain conditions. In the said bail orders, Condition Nos.(i) & (ii) are as follows:''(i). The petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the concerned Judicial Magistrate Court. (ii) The petitioner shall report before the Allinagaram Police Station daily at 8.00a.m. and 6.00p.m. until further orders.'' 3. He further submits that the petitioner was implicated as accused in 14 criminal cases by the respondent police and Palanichettypatti Police Station in the same District. Therefore, this petitioner has filed 14 bail applications before the learned Judicial Magistrate, Theni. The learned trial Court has allowed all the 14 bail applications and enlarged the petitioner on bail by imposing certain conditions. Insofar as the Crime Nos.69/2024, 363/2023, 46/2024, 107/2024, 55/2024, 550/2023, 464/2023, 393/2023 & 392/2023 on the file of the Palanichettipatty Police Station, are concerned, this petitioner was directed to report before the Palanichettipatty Police Station daily at 8.00a.m. and 05.00pm. until further orders. Insofar as the Crime Nos.4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12100 of 2025 etc cases391/2023, 323/2022, 184/2024, 9/2024 & 277/2023 are concerned, this petitioner was directed to report before the Allinagaram Police Station daily at 8.00a.m. and 06.00pm. until further orders. 4. He further submits that it is highly improbable for the petitioner to appear and sign before the said police stations daily at 08.00a.m. and 05.00 & 06.00p.m. simultaneously. Moreover, the trial Court, directed the petitioner to execute a bond for a sum of Rs.10,000/- with two sureties in each cases. The petitioner was not able to produce two sureties in all the cases, the petitioner find it very difficult to produce two sureties in all the cases and comply the signing conditions in various police stations regularly. Therefore, the petitioner seeks indulgence of this court by modifying the said conditions imposed against him. Hence, he prays for modification of the said conditions. 5. The learned Government Advocate (Crl.side) appearing for the respondent would submit that all the cases are theft cases, this petitioner is a habitual offender. Hence, he opposed to allow these Criminal Original Petitions. 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12100 of 2025 etc cases6. Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above, this Court is inclined to modify the Condition Nos.(i) & (ii) in the order made in Crl.MP.Nos.588, 589, 590, 592 & 593 of 2025 dated 27.02.2025 on the file of the learned Judicial Magistrate, Theni. Accordingly, Condition Nos.(i) (ii) are modified as follows: ''(i) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the concerned Judicial Magistrate Court. (ii) The petitioner shall report before the Inspector of Police, Palanichettypatti Police Station, Theni District daily twice at 9.00a.m. and 6.00p.m. for the period of fifteen (15) days and thereafter the petitioner shall appear before the same Police Station daily at 10.00a.m., until further orders.'' The other conditions shall remain unaltered. 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12100 of 2025 etc cases7. With the above said modification, these Criminal Original Petitions are allowed. (P V M J) 22.07.2025 1/2gvnTo1. The Judicial Magistrate, Theni, 2.The Sub-Inspector of Police, Allinagaram Police Station, Trichy District. 3. The Inspector of Police, Palanichettypatti Police Station, Theni District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12100 of 2025 etc casesP.VADAMALAI, J. gvn ORDER inCRL OP(MD).Nos.12100, 12102, 12103, 12104 & 12105 of 2025 Dated : 22/07/20251/28/8