IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.07.2023 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.M.P. No. 3266 of 2022 in Crl.O.P.No. 24556 of 2021

1. G.Vinothkumar

2. R.Gandeeban

3. G.Ramani

4. G.Koushik ... Petitioners Versus

1. The State rep. by the Inspector of Police, V-4 Rajamangalam Police Station, Chennai - 600 099.

(Crime No.925 of 2021)

2. R.Manjula (R2 impleaded as per order dated 19.07.2023 in Crl.M.P.No. 12197 of 2023 in Crl. M.P.

No.3266 of 2022) ... Respondents PRAYER : Criminal Miscellaneous Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition imposed in paragraph 8 of the order passed in Crl.O.P.No. 24556 of 2021 by order dated

23.12.2021.

For Petitioner : Mr.R.T.L.Chandar For Respondent : Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side)

Advocate Commissioner : Mr. J.Jayan

O R D E R

This Criminal Miscellaneous Petition has been filed to modify the condition imposed on the petitioner/husband of defacto complainant in paragraph 8 of the order dated 23.12.2021 passed by this court in Crl.O.P.No.24556 of 2021 while granting anticipatory bail.

2. The learned counsel for petitioners would submit that the 1^st petitioner being doctor by profession, filed this petition to permit him to take his own articles which are kept in flat No.F1, which is now under the custody of the defacto complainant/his wife. He would submit that while granting anticipatory bail to the petitioners in Crl.O.P.No. 24556 of 2021, this Court permitted the defacto complainant to reside in flat No.F1, and ordered to close flat No.F2 until further orders from appropriate forum, due to which, the 1^st petitioner and his parents living away from flat No.F1 and left the household articles in Flat No.F1. Now, the 1^st petitioner wants household articles, which are necessary for his day-to-day life, for which, the learned counsel for petitioners furnished the list of house hold articles including jewels, which are left in flat No.F1. Hence, the petitioners prayed to modify the condition.

3. The learned counsel for Intervenor/defacto complainant raised objection stating that list of articles, which were furnished by the learned counsel for petitioners are not available in flat No.F1 and the petitioners have filed this petition with an intention to harass the defacto complainant. Furthermore, the list of articles mentioned in the list are necessary for the defacto complainant to lead her life. Apart from that, with regard to the enjoyment of flat No.F1, D.V.C. proceedings are pending before the learned Addl. Mahila Court, Egmore.

4. On considering submissions made by either side, this court while granting anticipatory bail to the 1^st petitioner and his parents, permitted the defacto complainant, who is living with her two little twin children to reside in flat No.F1 and ordered to close flat No.F2 belongs to A6 (sister of her mother-in-law). But, now the 1^st petitioner prays to take his household articles and other valuable articles belong to them, which are left in flat No.F1, which are necessary for their day-to-day life. On seeing the facts, it is clear that the defacto complainant, who is wife of 1^st petitioner is residing with her twin children in flat No.F1 and the petitioners are residing at Kolathur. However, they need those articles, which are left in flat No.F1, as those articles not belong to the defacto complainant. At the same time, they are not interested in shridhana articles given to the defacto complainant, in which, some of them kept in flat No.F2 by the defacto complainant.

5. The Intervenor/defacto complainant appeared along with her counsel from the beginning of the enquiry in anticipatory bail petition along with her parent and children. The defacto complainant raised her objections, but admits that articles belong to her father-in-law was also kept in flat No.F1, since because all were jointly lived before the dispute arose. Considering the age of parents of 1^st petitioner and the defacto complai