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Madras High CourtCRL A(MD)/330/2016partly allowed

Sivakumar v. The Inspector Of Police

2018-03-27Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the First day of October Two Thousand and Eighteen PRESENT The Hon`ble Dr.Justice S.VIMALA and The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL A(MD) No.330 of 2016 SIVAKUMAR ...Appellant/Sole Accused Vs THE INSPECTOR OF POLICE LALGUDI ALL WOMEN POLICE STATION, TRICHY DISTRICT, CR NO. 14 OF 2012. ...Respondent/Complainant Prayer in CRL A(MD). 330/ 2016 :

This Appeal filed Under Section 374(2) of the code of Criminal Procedure praying to call for the records in pertaining to the judgment dated 17.08.2015 made in S.C.No.98 of 2013 on the file of the Sessions Judge Mahila Court, Tiruchirappalli and set aside the same by way of allowing the appeal.

ORDER:

This Appeal is coming on this day for hearing and upon hearing the arguments of Mr.S.A.Ajmal Khan, Amicus Curie for the Petitioner and Mr.R.Anandraj, Additional Public Prosecutor the Respondent, and this Court made the following order: It is represented that there is a problem in opening a Bank Account in the name of the child on account of the procedural formalities to be complied with.

1.1. It is informed that there is no aadhar card or any other documentary proof, for identifying the child.

2. In cases of this nature, one cannot be expected to show documents to prove their identify. Since the child as well as the concerned parents are before this Court, there should not be any problem in the question of identification. As an alternative, identification of the child can also be done by the Additional Public Prosecutor and the concerned police officials who are present before this Court.

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3. Hence, the Bank Manager, Indian Bank, attached to the Madurai Bench is directed to open an account in the name of the child after taking photographs of the child. The mother of the child shall also produce whatever proof is available with her to prove her identity.

4. On such opening of account, the amount of Rs.50,000/- shall be deposited in the name of the child. The mother, as the guardian of the child, is permitted to withdraw the interest accrued on the above deposit, once in three months. The Bank shall pay the interest in the name of the mother, which shall be utilized for the benefit and welfare of the child.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) TO THE BANK MANAGER, INDIAN BANK, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

DS SKN SAR4 31 12 2018 2P 2C ORDER DATED :01/10/2018

ORDER

CRL A(MD) No.330 of 2016 Giving Directions etc., as stated within.

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