Kavitha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of January Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) Nos.299 and 300 of 2021 IN CRL OP(MD) No.14468 of 2020 1 KAVITHA 2 SRINIVASAN ... PETITIONERS/2nd & 3rd ACCUSED IN BOTH THE PETITIONS Vs THE STATE REP. BY THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.

CRIME No. 1205/2020 ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS Prayer in CRL MP(MD)No.299/2021 :

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Amend the condition imposed in Crl.O.P.(MD)No.14468/2020 dated 11.12.2020 to surrender and execute sureties before any other learned Judicial Magistrate No.1, in Dindigul District instead of the Learned Judicial Magistrate No.I, Karur.

Prayer in CRL MP(MD)No.300/2021 :

To Extend the time limit provided to the Petitioners to execute the sureties in Crl.O.P.(MD)No.14468/2020 pending on the file of this Honourable Court.

Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of Mr.SENTHIL KUMARAIAH.J., Advocate for the petitioners in both the petitions and of Mr.M.V.CHANDRASEKARAN, Government Advocate (Crl.side) on behalf of the Respondent in both the petitions, the Court made the following order:- The petitioners arrayed as A1 and A2 in Crime No.1205 of 2020 for the offences 294(b), 323, 336 and 506(ii) @ 304(ii) of IPC, were granted anticipatory bail by this Court on 11.12.2020 and one of the conditions is that the petitioners should execute sureties within a period of 15 days from the date of receipt of the order before the learned Judicial Magistrate No.I, Karur and the petitioners should appear before the respondent police for a period of four weeks and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel for the petitioners submitted that the defacto complainant is an Advocate, who is practicing in Karur Bar. Karur Bar association passed an order in his favour stating that no advocate would appear on behalf of the petitioners. He further submitted that the petitioners are being threatened, when they appeared before the respondent police. Hence, the petitioners are not able to execute the sureties before the learned Judicial Magistrate No.I, Karur.

3.Considering the facts and circumstances of the case, the petitioners are directed to execute sureties before the learned Judicial Magistrate No.I, Dindigul within a period of two weeks from the date of receipt of a copy of this order for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 4.The other conditions imposed by this Court shall stand unaltered.

5.These criminal miscellaneous petitions are allowed accordingly.

sd/- 27/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE No.I, KARUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE JUDICIAL MAGISTRATE No.I, DINDIGUL.

4. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

5. THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.

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

ORDER IN CRL MP(MD)Nos.299 & 300/2021 IN CRL OP(MD) No.14468 of 2020 IAS Date :27/01/2021 TE/JC/SAR-III : 09/02/2021 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/