Madras High CourtCRL OP(MD)/612/2021withdrawn dismissed

Mariammal v. The Inspector Of Police

2021-02-16Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/02/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.612 of 2021

1. Mariammal

2. Subbulakshmi

3. Vijayalakshmi

4. Prema ... Petitioners/Accused Vs The State Rep. by The Inspector of Police, All Women Police Station, Valliyur, Tirunelveli District.

(Crime No.11/2019). ... Respondent/Complainant For Petitioners : Mr.Raja.Karthikeyan, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) Petition for relaxation under Section 439(i)(b) r/w.482 of Cr.P.C PRAYER :- To relax the condition imposed in Cr.M.P.No.2798/2020 on the file of Principal Sessions Judge, Tirunelveli in Crime No.11/2019 on the file of respondent police.

ORDER : The Court made the following order :- This petition has been filed to relax the condition imposed by the learned Principal Sessions Judge, Tirunelveli in Cr.M.P.No.2798 of 2020 dated 05.10.2020.

2. The learned counsel for the petitioner submitted that the petitioners have not complied with the conditions and execution sureties and thereafter this Court had directed the petitioners to execute sureties and seeks some modification. He further submitted https://hcservices.ecourts.gov.in/hcservices/

that the petitioners have appeared before the learned Judicial Magistrate, Valliyoor on 15.12.2020 and it was informed that the said Magistrate is on leave and they are directed to appear before the learned Judicial Magistrate, Radhapuram, inview of the same he seeks permission to withdraw the petition.

3. The learned Government Advocate(Crl.Side) submitted that though the petitioners were granted anticipatory bail on 05.10.2020 they have not complied with the conditions imposed by the Court. In the meanwhile the respondent police completed investigation and filed final report and the same has been taken cognizance in C.C.No.344 of 2021. The respondent have stated that the petitioners got anticipatory bail and they were on bail, this fact recorded by them is not correct.

4.At this juncture, the learned counsel appearing for the petitioners seek permission of this Court to withdraw the petition. 5.In view of the same, the Criminal Original Petition stands dismissed as withdrawn.

sd/- 16/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. THE PRINCIPAL SESSIONS JUDGE, TIRUNELVELI.

2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VALLIYUR, TIRUNELVELI DISTRICT.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.612 of 2021 Date :16/02/2021 AAV TE/VR/SAR-II : 23/02/2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/