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2023 Supreme(Online)(MAD) 27944
MADRAS HIGH COURT
A.D.JAGADISH CHANDIRA, J
Murugan @ Sivamurugesan – Appellant
Versus
The Inspector – Respondent
CRL MP(MD)/608/2023
Bail conditions should be tailored to the circumstances of the accused and should not be unduly burdensome.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 438 - BAIL - MODIFICATION OF CONDITIONS - PETITIONER SUFFERING FROM DIABETES - FINDING IT DIFFICULT TO TRAVEL LONG DISTANCES - COURT MODIFIED THE CONDITION TO REPORT ONCE A WEEK INSTEAD OF DAILY.
Fact of the Case:
The petitioner was granted bail with the condition to report before the respondent police station daily at 10.30 a.m. The petitioner, who is a diabetic patient, found it difficult to travel long distances daily and filed a petition to modify the condition.
Finding of the Court:
The court noted that the petitioner had complied with the conditions for four days and considered his medical condition. The court modified the condition to report once a week instead of daily.
Issues: Modification of bail conditions for a diabetic patient.
Ratio Decidendi: The court relied on the principle that bail conditions should not be unduly burdensome and should take into account the circumstances of the accused.
Final Decision: The court modified the condition imposed on the petitioner to report before the respondent police once a week instead of daily.
CRL MP(MD) No.608 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Wednesday, the Eleventh day of January Two Thousand and Twenty
Three
PRESENT
The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA
CRL MP(MD) No.608 of 2023
IN
CRL OP(MD) No.21225 of 2022
MURUGAN @ SIVAMURUGESAN
... PETITIONER/ACCUSED NO.1
Vs
The State rep.by,.
THE INSPECTOR OF POLICE
VADAMADURAI POLICE STATION,
DINDIGUL DISTRICT.
IN CRIME NO.470/2022
... RESPONDENT/COMPLAINANT
Petition filed praying that in the circumstances stated
therein and in the petition filed therewith the High Court may be
pleased to modify the condition imposed in Crl.OP(MD)No.21225/2022
as report before Namakkal Town Police Station for until further
orders instead of report before the respondent police station for
until further orders in Crl.OP(MD)No.21225/2022 dt.1/12/2022
Order : This petition coming up for orders on this day, upon
perusing the petition filed in support thereof and upon hearing the
arguments of M/S.PRAVEEN KUMAR P, Advocate for the petitioner and of
M/S VEERANTHIRAN M, Government Advocat(Crl.side) on behalf of the
Respondents the court made the following order:-
This Petition has been filed to modify the condition imposed in
Crl.O.P(MD).No.21225 of 2022, dated 01.12.2022.
2.The learned counsel for the petitioner would submit that the
petitioner is a diabetic patient and he find its difficult to travel
all the way from Namakkal to Madurai to appear before the respondent
police daily at 10.30 a.m. He would further submit that the
petitioner has complied with the conditions for four days ie.,
24.12.2022 to 27.12.2022 and hence, he seeks for modification of the
condition.
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CRL MP(MD) No.608 of 2023
3.The learned Government Advocate (Crl. Side) appearing for the
respondent would submit that the petitioner has complied with the
conditions only from 24.12.2022 to 27.12.2022.
4.Considering the said submission, the condition imposed by
this Court in Crl.O.P(MD).No. 21225 of 2022, dated 01.12.2022 is
modified to the effect that the petitioner shall report before the
respondent police once in a week ie., on every Saturday of English
Calender Month at 10.30 a.m., until further orders.
5.With the above direction, this Criminal Miscellaneous
Petition is ordered.
sd/-
11/01/2023
/ TRUE COPY /
/01/2023
Sub-Assistant Registrar (C.S.)
Madurai Bench of Madras High Court,
Madurai - 625 023.
SJI
TO
1 THE JUDICIAL MAGISTRATE,
VEDASANTHUR.
2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE,
DINDIGUL DISTRICT.
3 THE INSPECTOR OF POLICE
VADAMADURAI POLICE STATION,
DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT,
MADURAI.
ORDER
IN
CRL MP(MD) No.608 of 2023
IN
CRL OP(MD) No.21225 of 2022
Date :11/01/2023
VA/BUC/SAR-3/27.01.2023/2P/5C
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