Lalitha v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANAPANI Crl.OP.No.10693 of 2021

1. Lalitha

2. Banou

3. R.Arulmozhi

4. Ramamurthy

5. Shankar

6. Bhuvaneshwari ... Petitioners Vs.

State Rep. by its Inspector of Police W-7, All Women Police Station Chennai.

(Crime No.02/2021) ... Respondent Criminal Original Petition filed under Section 439(1)(b) of the Code of Criminal Procedure, to set aside and modify the condition petition passed by the learned Principal Sessions Judge in Crl.MP.No.10254 of 2021 by order dated 12.05.2021. For Petitioners : Mr.C.M.Gunasekaran For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking modification of the condition imposed by the court below in Crl.MP.No.10254 of 2021 by order dated 12.05.2021 filed by the petitioners. The Court below, while allowing the application in Crl.MP.No.6872 of 2021, dated 15.04.2021, had imposed certain conditions and one such condition was that the petitioners shall appear before the respondent police i.e. Inspector of Police, W-7, AWPS, Anna Nagar, Chennai, daily at 10.30 am until further orders. Thereafter, the petitioner filed modification petition in Crl.MP.No.10254 of 2021 by order dated 12.05.2021 before the Court below. The learned Judged was allowed the petition and ''directed the petitioners to appear before the learned Judicial Magistrate-I, Puducherry daily at 10.30 AM till 03.05.2021. Thereafter, they are directed to appear and sign before the respondent police daily at 10.30 am until further orders without fail.''

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2.The learned counsel for the petitioners submitted that there was a family dispute between the husband and wife. The petitioners are in laws. Due to pandemic situation, the Government of Puducherry and Tamil Nadu have imposed various restrictions. As a result, the petitioners could not able to travel from Pondicherry to Chennai everyday and hence, he seeks modification of the condition.

3. The learned Government Advocate (Crl. side) has no serious objection for modifying the condition. 4.Taking into consideration the facts and circumstances of the case, the condition imposed by the Court below is modified and the petitioners are directed to appear before the respondent police as and when required for interrogation. The other conditions as imposed by the Court below while passing orders in Crl.MP.No.6872 of 2021, dated 15.04.2021, will stand as it is.

5.Accordingly, this Criminal Original Petition is modified. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rli To 1.The Inspector of Police, W-7, All Women Police Station, Chennai.

2.The I Additional Sessions Judge, Sessions Court, Chennai.

3.The Principal Sessions Judge, Sessions Court, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Vinayaga Vishnu, Advocate Sr.28813 Crl.OP.No.10693 of 2021 jpl[co] srg 20/07/2021 https://hcservices.ecourts.gov.in/hcservices/