Madras High CourtCRL OP(MD)/1740/2024modified

Mary Roselet Bai v. The Sub Inspector Of Police

2024-02-06Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Mary Roselet Bai ... Petitioner/Petitioner/ Accused No.2 Vs The Inspector of Police, Karungal Police Station, Nagercoil, Kanyakumari District.

(Crime No.352 of 2023) ... Respondent/Respondent/ Complainant Prayer:Criminal Original Petition filed under Section 439(1)(B) of Cr.P.C. to modify the condition imposed on the petitioners in Crl.MP.No.96 of 2024 dated 10.01.2024, on the file of the learned Principle Sessions Judge, Kanyakumari District at Nagercoil, to modify the condition as 'report before the Sub-Inspector of Police, Karungal Police Station, Kanyakumari District, Nagercoil, at 11.00 a.m' instead of 'the petitioner shall stay at Trichy, appear and sing before the Judicial Magistrate No.1, Trichy, daily twice at 10.30 a.m and 05.00 p.m'.

For Petitioner : Mr.B.Sargunam For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. side) 1/4

ORDER

This petition has been filed to modify the condition imposed upon the petitioner in Crl.MP.No.96 of 2024 dated 10.01.2024, passed by the learned Principle Sessions Judge, Kanyakumari District at Nagercoil, that 'report before the Sub-Inspector of Police, Karungal Police Station, Kanyakumari District, Nagercoil, at 11.00 a.m' instead of 'the petitioner shall stay at Trichy, appear and sing before the Judicial Magistrate No.1, Trichy, daily twice at 10.30 a.m and 05.00 p.m'.

2. The learned counsel for the petitioner would submit that the petitioner is aged about 55 years old and having medical complications. She is residing at Kanyakumari. She has not complied with the said condition for the reason that she is not in a position to travel 400 kilometre from their residence. Hence, they approached this Court for modification. 3.The learned Government Advocate (Crl.Side) has no objection to modify the condition.

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4.Taking into consideration of the submissions made by the learned counsel for the petitioner, the condition imposed in Crl.MP.No.96 of 2024 on the file of the learned Principle Sessions Judge, Kanyakumari District at Nagercoil, dated 10.01.2024, is modified to the effect that the petitioner shall report before the respondent police daily twice at 10.30 a.m and 05.00 p.m until further orders. The other conditions shall remain unaltered.

06.02.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No dss 3/4

M.DHANDAPANI ,J., dss To 1.The Principle Sessions Judge, Kanyakumari District at Nagercoil, 2.The Inspector of Police, Karungal Police Station, Nagercoil, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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