Jagini @ Duraisamy Vs The State Rep By, The Inspector of Police

PRAYER: Criminal Miscellaneous Petition filed under Section 528 of BNSS, praying to relaxing the condition imposed on the petitioner/appellant in para 7(iii) by order dated 27.11.2025 passed by this Court in Crl.MP.No.14171 of 2024 pending disposal of the above Crl. Apeal No.1271 of 2024 and thus render justice.

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For Petitioner(s): Mr.S.Jeyakumar For Respondent(s): Mrs.Sharada Vivek Government Advocate (Crl.Side)

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ORDER

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This Criminal Miscellaneous Petition has been filed seeking relaxation of

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the condition imposed on the petitioner/appellant in para 7(iii) of the order dated 19.11.2025 (wrongly stated as 27.11.2025 in the petition) passed by this

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https://www.mhc.tn.gov.in/judis

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CRL MP No. 10482 of 2026

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Court in Crl.MP.No.14171 of 2024 pending disposal of the above Crl. Appeal No.1271 of 2024.

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This Court granted bail to the petitioner by order dated 19.11.2025 in Crl.M.P.No.14171 of 2024. One of the conditions imposed was that the petitioner shall appear before the respondent police as and when required and also shall also appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., till the disposal of Criminal Appeal. The present petition has been filed seeking relaxation of the said condition.

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The learned counsel for the petitioner submitted that the petitioner is a resident of Tindivanam and he is a physically challenged persons. Owing to his physical condition, he is finding it difficult to comply with the aforesaid condition of appearing before the trial Court every month.

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The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner has been complied with the above condition from 02.12.2025 to 01.07.2026. She further submitted that the petitioner was convicted for sexually abusing two minor victims and was sentenced to undergo rigorous imprisonment of 20 years. According to her, if the condition is relaxed, that there is every likelihood that the petitioner may

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https://www.mhc.tn.gov.in/judis

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CRL MP No. 10482 of 2026

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abscond and he may not be available at the time of hearing of the criminal appeal. She also submitted that, that the distance between Tindivanam and Villupuram is not substantial, and that the petitioner is required to appear before

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the trial Court only once every month ie., on the first working day of every English Calendar month.

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Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and also perused the materials available on record.

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Considering the seriousness of the offence committed by the petitioner and to ensure the petitioner’s presence at the time of hearing of the criminal appeal, this Court is not inclined to modify the condition imposed by order dated 19.11.2025 in Crl.M.P.No.14171 of 2024 pending disposal of the criminal appeal in Crl.A.No.1271 of 2024. Accordingly this Criminal Miscellaneous Petition is dismissed.

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06-07-2026

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Jd Neutral Citation:Yes/No

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https://www.mhc.tn.gov.in/judis

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CRL MP No. 10482 of 2026

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To