Balaji vs State

Shamim Ahmed, J

This Criminal Miscellaneous Petition has been filed to relax the condition to appear before the District Munsif cum Judicial Magistrate Court, Boothapandy, on all working days at 10.30 a.m., imposed upon the Revision Petitioner in Crl.MP(MD)No.10473 of 2025 in Crl.RC(MD) No.1013 of 2025, dated 07.08.2025.

The Co-ordinate Bench of this Court, while granting suspension of sentence imposed the following conditions in Crl.MP(MD)No.10473 of 2025 in Crl.RC(MD)No.1013 of 2025, vide order, dated 07.08.2025:

(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate Court, Bhoothapandy, Kanniyakumari district;

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and

(iii) The petitioner shall appear before the learned District Munsif Cum Judicial Magistrate Court, Bhoothapandy, Kanniyakumari district, on all working days at 10.30 a.m., until further orders.”

3.Today, when the matter is being taken up, Mr.N.Pragalathan, learned Counsel for the Revision Petitioner submits that the Revision Petitioner has been complying with the conditions imposed in Crl.MP(MD)No.10473 of 2025 in Crl.RC(MD)No.1013 of 2025, dated 07.08.2025, without fail. Thus, the learned Counsel for the Revision Petitioner prays this Court that the condition No.(iii) of the order dated 07.08.2025 passed in Crl.MP(MD)No.10473 of 2025 in Crl.RC(MD)No. 1013 of 2025, imposed on the Revision Petitioner may be relaxed and the Revision Petitioner may be directed to appear before the District Munsif cum Judicial Magistrate Court, Boothapandy, once in a month.

4.Mr.M.Karunanithi, learned Government Advocate (Criminal Side) appearing for the Respondent fairly submits that the Revision Petitioner has been complying with the conditions imposed in Crl.MP(MD)No.10473 of 2025 in Crl.RC(MD)No.1013 of 2025, dated 07.08.2025 regularly. Thus, the prayer made by the learned counsel for the Revision Petitioner before this Court that the condition No.(iii) of the order dated 07.08.2025 passed in Crl.MP(MD)No.10473 of 2025 in Crl.RC(MD)No.1013 of 2025 imposed on the Revision Petitioner may be relaxed and the Revision Petitioner may be directed to appear before the trial Court, once in a month.

5.Accordingly, after considering the arguments as advanced by the learned Counsel for the parties and after perusal of the order passed by the Co-ordinate Bench of this Court in Crl.MP(MD)No.10473 of 2025 in Crl.RC(MD)No.1013 of 2025, dated 07.08.2025. this Court is inclined to relax the condition No.(iii) of the order dated 07.08.2025 passed in Crl.MP(MD)No.10473 of 2025 in Crl.RC(MD)No.1013 of 2025, as follows:-

“The Revision Petitioner shall appear before the District Munsif cum Judicial Magistrate Court, Boothapandy, once in a month with effect from December,2025, ie., on the first working day of Every English Calendar month at 10.30 a.m., until further orders.”

6.Rest of the conditions imposed in Crl.MP(MD)No.10473 of 2025 in Crl.RC(MD)No.1013 of 2025, dated 07.08.2025, are unaltered.

7.With the above modification, this Criminal Miscellaneous Petition is finally disposed of.