M.Subbulakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2015

CORAM:

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD)No.19030 of 2015 M.Subbulakshmi ...

Petitioner/Accused Vs.

The Inspector of Police, Ayikudi Police Station, Tirunelveli District.

...

Respondent/Complainant PRAYER: Petition is filed under Section 439(i)(b) of the Code of Criminal Procedure, to set aside the order passed in Cr.M.P.No.5214 of 2015 in Crime No.126 of 2015 dated 31.08.2015 passed by the District and Sessions Judge, Tirunelveli. For Petitioner : Mr.J.Jeyakumaran For Respondent : Mrs.S.Prabha, Government Advocate (Crl. Side)

O R D E R

This petition has been filed to set aside the order passed in Cr.M.P.No.5214 of 2015 dated 31.08.2015 passed by the District and Sessions Judge, Tirunelveli.

2.The petitioner, who is facing a case for the offence under Sections 294(b), 353 and 506(i) IPC in Crime No.126 of 2015, was granted bail by the learned Judicial Magistrate, Sengottai on 29.07.2015 in Cr.M.P.No.7920 of 2015 on condition that the petitioner should appear before the Magistrate Court on all working days.

3.The said order was modified by the learned Principal Sessions Judge, Tirunelveli in Cr.M.P.No.5214 of 2015 directing the petitioner to report before the Judicial Magistrate, Shencottah thrice a week ie. every Monday, Wednesday and Saturday at 10.30 am until further orders.

4.The learned counsel for the petitioner submitted that the petitioner is a lady and the allegation against her is trivial in nature and she was arrested and granted bail by the Judicial Magistrate.

5.It is further submitted that the entire investigation is over and the petitioner finds it very difficult to comply with the conditions.

6.The learned Government Advocate (Crl.side) appearing for the respondent submitted that as per the order of the learned Sessions Judge, Tirunelveli, the petitioner has been complying with the https://hcservices.ecourts.gov.in/hcservices/

conditions from 31.08.2015.

7.Considering the facts and circumstances, this Court is inclined to set aside the order dated 31.08.2015 passed in Cr.M.P.No.5214 of 2015 by the District and Sessions Judge, Tirunelveli and the petitioner shall appear before the Court as and when required.

8.The Criminal Original petition is disposed of accordingly. sd/- Assistant Registrar(AE) /True copy/ sub Assistant Registrar To 1.The District and Sessions Judge, Tirunelveli. 2.The Principal Sessions Court, Tirunelveli.

3.The Judicial Magistrate, Shenkottah.

4.Do Through The chief Judicial Magistrate, Tirunelveli District. 5.The Inspector of Police,Ayikudi Police Station, Tirunelveli District.

6.The Additional Publi Prosecutor, Madurai Bench of Madras High Court, Madurai.

+one cc to Mr.J.Jeyakumaran, Advocate in SR.No.59508 Crl.O.P.(MD)No.19030 of 2015 CSL/ARK/03.11.2015 2P/8C https://hcservices.ecourts.gov.in/hcservices/