A.Mottaiyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.10710 of 2017 IN CRL OP(MD) No.14407 of 2017 1 A.MOTTAIYASAMY 2 M.MURUGAN ... PETITIONERS / PETITIONERS/ ACCUSED Nos.1 & 2 Vs STATE THROUGH THE INSPECTOR OF POLICE ETTAIYAPURAM POLICE STATION, THOOTHUKUDI DISTRICT (IN CRIME NO.361 OF 2017) ... RESPONDENT / RESPONDENT COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to condone the petitioner absence in complying with the condition imposed by this Honourable Court vide order in Crl.O.P.(MD).No. 14407 of 2017 dated 26.10.2017 from 17.11.

2017 to till today Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.MALAIKANI, Advocate for the petitioners and of Mr.K.ANBARASAN, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- The Petitioners filed this petition for condoning the absence of the petitioners. On 26.10.2017, this Court granted anticipatory bail to the petitioners in Crl.O.P.(MD)No.14407 of 2017, on condition that the petitioners shall appear before the respondent police, daily at 10.00 a.m., and 05.00 p.m., for a period of four weeks, and thereafter, as and when required for interrogation, but the petitioners did not comply the condition. Hence, they prayed for condoning their absence.

2.The learned counsel for the petitioners would submit that when the petitioners appeared before the respondent police to report as per the condition imposed by this Court, the Inspector of Police scolded the petitioners in filthy language and also threatened them. 3.The learned Government Advocate (Crl.side) appearing for the State submitted that the petitioners are not complying with the condition regularly.

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4.Considering the facts and circumstances of the case, though not convinced the reasons given by the petitioners for condoning the absence of the petitioners as directed by this Court in Crl.O.P.(MD) No.14407 of 2017, however, for giving one more opportunity to the petitioners, the petitioners is directed to appear before the respondent police. This petition is ordered accordingly. sd/- 27/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE ETTAIYAPURAM POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI JAM/06.12.17/PM-PN/ SAR 3 2p-5c

ORDER

IN CRL MP(MD) No.10710 of 2017 IN CRL OP(MD) No.14407 of 2017 Date :27/11/2017 https://hcservices.ecourts.gov.in/hcservices/