P.Nellaiappan v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.4777 of 2022 IN CRL OP.3559/2022 1 P.NELLAIAPPAN [ PETITIONERS/ACCUSED ] 2 N.PONNAMMAL Vs THE SUB INSPECTOR OF POLICE [ RESPONDENT ] ALL WOMEN POLICE STATION, VILLIANOUR, PUDUCHERRY.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to relax the conditions imposed on 15/02/2022 in Crl.O.P.No.3559/2022 that the petitioners shall report before the respondent Police Daily at 10.00 a.m for a period of 30 days.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S. K.T.SANKAR SUBRAMANIAN, Advocate for the petitioner and of MR.V.BALAMURUGANE, Public Prosecutor for Puducherry on behalf of the Respondent the court made the following order:- This petition has been filed to relax the conditions imposed in Crl.OP.No.3559 of 2022 dated 15.02.2022.

2. The petitioners are in-laws of the defacto complainant. The case for Dowry Harassment and used abusing language. The husband of the defacto complainant is arrayed as A1, still in USA and not come down to India to subject himself for India. Under such circumstances, while granting anticipatory bail to this petitioners, this Court has directed the petitioners that they should appear before the Investigating Officer daily at 10.00 a.m., and co-operate with the investigation anticipatory bail was granted with the above said

condition on 15.02.2022. This Court extended further time to the petitioners to execute the sureties till 01.04.2022 then, these petitioners have complied with the condition from 01.04.2022 to 08.04.2022 and come before this Court seeking modification of bail condition on the ground that they are aged persons and hailing from Tirunelveli and it is difficult to stay at Puducherry and report before Investigating Officer daily.

3. The learned Government Advocate (Crl.Side) submits that respondent have not able to file the final report, in view of the non availability of the first accused as well as the direction of this Court in a quash petition filed by this petitioner not to file the final report pending disposal of the case.

4. Taking into consideration of the cumulative aspects, this court is inclined to modify the condition to that effect the petitioners shall report before the Investigating Officer as and when required and they shall report before the KTC Nagar Police Station, Tirunelveli daily at 10.30 a.m., until further orders. -sd/- 08/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY.

2 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VILLIANOUR, PUDUCHERRY.

3 THE OFFICER INCHARGE, KTC NAGAR POLICE STATION, TIRUNELVELI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S. S. NAMASIVAYAM Advocate on payment of necessary charges SR.NO. 5489 Order in CRL MP.4777/2022 in CRL OP.3559/2022 Date :08/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 13/04/2022