Madras High CourtCRL OP/6510/2019relaxed

Alaguraja v. The Inspector Of Police

2019-03-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6510 of 2019 Alaguraja ... Petitioner Vs.

The State Rep. by The Inspector of Police South All Women Police Station Tiruppur (Crime No.12/2018) ... Respondent Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to relax the condition that the petitioner is directed to appear before the Hon'ble Sessions Court, Tiruppur daily once at 10.30 a.m. and sign until further orders imposed by the learned Principal Sessions Judge, Tiruppur in Crl.M.P.No.127 of 2019 by an order dated 31.01.2019. For Petitioner : Mr.S.Kanmani For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed by the petitioner under Section 482 of Cr.P.C, to relax the condition that the petitioner is directed to appear before the Hon'ble Sessions Court, Tiruppur daily once at 10.30 a.m. and sign until further orders imposed by the learned Principal Sessions Judge, Tiruppur in Crl.M.P.No.127 of 2019 by an order dated 31.01.2019. 2.The learned counsel for the petitioner would submit that the respondent police registered a case against the petitioner under Sections 498A IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act on the basis of the complaint made by the petitioner's wife.

3.The learned counsel would further submit that the petitioner filed an anticipatory bail application in Crl.M.P.No.11 of 2019 and the same was granted by the learned Sessions Judge by an order dated 07.01.2019 with a condition to appear before the respondent police daily twice at 10.00 a.m. and 5.00 p.m. until further orders. Accordingly, the petitioner was complying with the condition from 10.01.2019 to 20.01.2019. However, on 21.01.2019 when the petitioner came to the respondent police to report, the defacto complainant assaulted the petitioner with a wooden log thereby the petitioner was admitted in the Government Hospital, Tiruppur and could not comply with the condition from 21.01.2019. In such circumstances, the petitioner filed a petition in Crl.M.P. No.

127 of 2019 to relax the condition before the Learned Sessions Judge, Tiruppur and the same was modified to the extent that the petitioner was directed to appear before the learned Sessions Judge daily at 10.30 a.m. Due to daily appearance before the learned Sessions Judge, the routine life of the petitioner is highly affected merely for the matrimonial dispute. Accordingly, prays for appropriate relief. 4.Considering the above facts and circumstances of the case, the condition imposed on the petitioner by the learned Principal Sessions Judge, Tiruppur in Crl.M.P.No.127 of 2019 by an order dated 31.01.2019 is totally relaxed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Principal Sessions Judge Tiruppur 2.The Inspector of Police South All Women Police Station Tiruppur (Crime No.12/2018)

3.The Public Prosecutor High Court of Madras +1cc to Mr.S.Kanmani, Advocate sr.no.24027 Crl.O.P.No.6510 of 2019 ak(co) nr 29/03/2019