Selvakumar Vs State Rep.by, The Inspector of Police

PRAYER: Criminal Miscellaneous Petition filed under Section 582 of BNSS, praying to relax the condition that para No.7(ii) the petitioners shall appear before the Karaikal Town Police Station every day at 5.30 pm until further order condition imposed by this Court passed in Crl.M.P.No.4977 of 2026 in Crl.A.No.294 of 2026 on 25.03.2026.

¶13

For Petitioner(s): Mr.K.Kannadhasan (Through Video Conferencing) For Respondent(s): Mr.M.V.Ramachandramurthy Public Prosecutor (Puducherry)

¶14

1

¶15

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

¶16

CRL MP No. 11308 of 2026

¶17

ORDER

¶18

This Criminal Miscellaneous Petition has been filed by the petitioner seeking relaxation of the condition passed in Crl.M.P.No.4977 of 2026 in Crl.A.No.294 of 2026, by order dated 25.03.2026.

¶19

The petitioner/Accused in Special Sessions Case No.259 of 2023 was convicted by the trial Court, vide judgment dated 18.08.2025. Aggrieved by the said judgement, the petitioner preferred Crl.A.No.294 of 2026 along with Crl.M.P.No.4977 of 2026 seeking suspension of sentence. This Court, by order dated 25.03.2026, suspended the sentence and enlarged the petitioner on bail subject to certain conditions. One of the conditions was that the petitioner/appellant shall appear before the Karaikal Town Police Station everyday at 5.30 p.m., until further orders. The present petition has been filed seeking relaxation of the said condition.

¶20

The learned counsel for the petitioner submitted that the petitioner is a

¶21

daily wager and, due to the condition imposed in Crl.M.P.No.4977 of 2026 in Crl.A.No.294 of 2026, he is unable to earn his livelihood.

¶22

The learned Public Prosecutor appearing for the respondent Police

¶23

2

¶24

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

¶25

CRL MP No. 11308 of 2026

¶26

submitted that the petitioner has been complying with the condition regularly, however, he was absent for 5 days.

¶27

In response, the learned counsel for the petitioner submitted that, due to petitioner’s ill health, he was unable to appear for five days. In order to substantiate the same, the petitioner has also produced the relevant medical records.

¶28

Considering the above submission and taking note of the fact that the petitioner was granted bail on 25.03.2026, and that the criminal appeal is pending before this Court, this Court is of the view that the condition directing the petitioner to appear before the Karaikkal Town Police Station everyday at

¶29

5.30 p.m., is no longer required. Accordingly, paragraph No.7 of the order dated 25.03.2026 passed in Crl.M.P.No.4977 of 2026 is modified as follows:

¶30

“ The petitioner shall appear before the trial Court at 10.30 a.m. on the first working day of every month until the disposal of the Criminal Appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 355 of BNSS, 2023, and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. The other condition shall remain unaltered.

¶31

3

¶32

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

¶33

CRL MP No. 11308 of 2026

¶34