Shanthi v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Shanthi, W/o.Alaguramu,

... Petitioner/Accused No.5

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Narikudi Police Station, Virudhunagar District. Crime No.139/2024. ... Respondent/Complainant For Petitioner : Mr.R.Senthilkumar

Advocate. For Respondent : Mr.M.Karunanithi,

Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER :- To modify the condition No.(i) imposed in Crl.MP.No.924 of 2025 dated

14.03.2025 on the file of the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur. ORDER : The Court Made the following order :- This petition has been filed to modify the condition No.(i) imposed in Crl.MP.No.924 of 2025 dated 14.03.2025 on the file of the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur.

¶2The learned Counsel for the petitioner would submit that the petitioner has filed an anticipatory bail application before the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Crl.MP.No.924 of 2025. The said anticipatory bail petition was heard and on 14.03.2025, the Hon'ble trial Court was pleased to grant anticipatory bail to the petitioner with certain conditions. In the said anticipatory bail order, Condition No.(i) as follows: ''(i). The petitioner shall deposit a sum of Rs.25,000/- towards medical expenses in the Bank Account of the Defacto-complainant – Account details-Name Mariammal.K. Account No.0958101052752 – Canara Bank – Manamadurai Branch – IFSC CNRB0000958.''

¶3He further submits that the petitioner has not involved in any of the offence as alleged by the prosecution, the petitioner's name has not mentioned in the FIR. The petitioner is a coolie worker and she is not able to arrange the said amount. The said condition No.(i) imposed against the petitioner is onerous. Already, this petitioner had filed a modification petition to cancel the said condition with extension of time before the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Crl.M.P.No.1894 of 2024, the said petition was dismissed on 05.06.2025. Therefore, the petitioner seeks indulgence of this court by modifying the said condition imposed against her. Hence, he prays to allow the present modification petition.

¶4The learned Government Advocate (Crl.side) appearing for the respondent has not raised any objection to allow this Criminal Miscellaneous Petition.

¶5Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above, this Court is inclined to set aside the Condition No.(i) imposed in the order made in Crl.MP.No.924/2025 dated

14.03.2025. Accordingly, the Condition No.(i) imposed against the petitioner in the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur is hereby set aside, the other conditions shall remain unaltered. CRLeOP(MD).No.11734eofe2025

6.oWithotheoaboveosaidomodification,othisoCriminaloOriginalooPetitionoisoallowed. oooooooooooooooooooooooooooooooooooooooosd/- oooooooooooooooooooooooooooooooooooooooo21/07/2025 oooooooooooooooooo ooo oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo o o/07/2025 ooooooooooooooooooooooooooo oooooooo ooSub-AssistantoRegistraro(CS-I/II/III/IV) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo oo oooooooMaduraio-o625o023.ooo GVN TO

1.oTHEoPRINCIPALoDISTRICToANDoSESSIONSoJUDGE,o VIRUDHUNAGARoDISTRICToAToSRIVILLIPUTHUR.

2.THEoDISTRICToMUNSIFoCUMoJUDICIALoMAGISTRATE,o THIRUCHULI.

3.THEoCHIEFoJUDICIALoMAGISTRATE VIRUDHUNAGARoDISTRICToAToSRIVILLIPUTHUR.

4.THEoINSPECTORoOFoPOLICE,o NARIKUDIoPOLICEoSTATION,o VIRUDHUNAGARoDISTRICT.o

5.THEoADDITIONALoPUBLICoPROSECUTOR, MADURAIoBENCHoOFoMADRASoHIGHoCOURT, MADURAI. +1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-7827[I] dated 21/07/2025 ) ORDER IN CRL OP(MD) No.11734 of 2025 Date :21/07/2025

PR/30.07 .2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023