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Madras High CourtCRL OP/11473/2023modified

K.R.P.Praveena v. State Rep.By

2023-05-26Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.05.2023

CORAM

THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN K.R.P.Praveena ... Petitioner Vs.

State rep. by The Sub-Inspector of Police Sooramangalam Police Station Salem District (Crime No.1036/2018) ... Respondent PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to modify the condition No.3 imposed on the petitioner to report and sign before the learned Judicial Magistrate No.II, Salem daily at 10.00 a.m. except holidays until further orders (for a minimum period of 30 days) and on further condition that she shall make available herself for interrogation as and when required by the investigation officer in Crl.M.P.No.1104 of 2023 dated 24.04.2023 passed by the learned Principal Sessions Judge, Salem. For Petitioner : Mr.A.Sathishkumar 1/5

For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

This petition has been filed to modify the condition No.3 imposed on the petitioner to report and sign before the learned Judicial Magistrate No.II, Salem daily at 10.00 a.m. except holidays until further orders (for a minimum period of 30 days) and on further condition that the petitioner shall make available herself for interrogation as and when required by the investigation officer in Crl.M.P.No.1104 of 2023 dated 24.04.2023 passed by the learned Principal Sessions Judge, Salem. 2.Learned Government Advocate (Crl. Side) submitted that the petitioner has not even appeared before the learned Judicial Magistrate No.II, Salem and has filed this modification petition seeking to modify the condition imposed on the petitioner.

3.Learned counsel for the petitioner submitted that the petitioner is a lady and residing in Chennai. He further submitted that the petitioner is 2/5

suffering from uterus prolapse and having chronic bleeding, which resulted of her become anemic and unable to move without the help of others. The condition No.3 of the anticipatory bail condition is to report and sign before the learned Judicial Magistrate No.II, Salem daily at 10.00 a.m. except holidays until further orders (for a minimum period of 30 days) and on further condition to make herself available for interrogation as and when required by the investigation officer. The said onerous condition could not be complied due to her medical illness and the same may be modified considering the health condition of the petitioner.

4. Heard Mr.A.Sathish Kumar, the learned counsel appearing for the petitioner and Mr.S.Udayakumar, the learned Government Advocate (Crl. Side) appearing for the respondent police.

5. Considering the medical aliment of the petitioner, this Court is inclined to modify the condition No.3 imposed on the petitioner while granting anticipatory bail by the learned Principal Sessions Judge, Salem to V.LAKSHMINARAYANAN, J.

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kas the effect that the petitioner shall report before the All Women Police Station, Aday everyday at 10.30 a.m. and 6.00 p.m. for a period of eight (8) weeks and thereafter as and when required for interrogation.

6. This criminal original petition stands disposed of with the above modification.

26.05.2023 Index:Yes/no kas To 1.The Sub-Inspector of Police Sooramangalam Police Station Salem District (Crime No.1036/2018) 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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V.LAKSHMINARAYANAN , J.

Today, this matter came up before me under the caption 'For Being Mentioned'.

2.The learned counsel appearing for the petitioner submitted that in the order dated 26.05.2023 the Police Station has been mentioned as "All Women Police Station, Aday" instead of "All Women Police Station, Adayar".

3. Registry is directed to carry out the aforesaid correction by incorporating the correct Police Station as "All Women Police Station, Adayar"

and issue a fresh order copy. Further, two weeks time is extended to the petitioner to comply with the conditions as ordered by this Court, from the date on which, the order copy made ready.

vs 28.07.2023 5/5