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Madras High CourtCRL OP(MD)/19462/2015ordered

M. Krishnaveni v. The Sub Inspector Of Police

2015-10-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.19462 of 2015 M.Krishnaveni ... Petitioner/A2 Vs.

The Sub-Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District.

... Respondent/Complainant PRAYER: This petition is filed under Section 439 (1) (b) of Cr.P.C., to modify the order passed by the learned Judicial Magistrate, Rajapalayam in C.R.M.P.No.4841 of 2015 in C.R.M.P.No.2768 of 2015 in Crime No.509 of 2014 dated 02.09.2015. For Petitioner : Mrs.J.Balameenakshi For Respondent : Mrs.S.Prabha Govt. Advocate (Crl.side)

O R D E R

This application is filed to modify the condition imposed in C.R.M.P.No.4841 of 2015 in C.R.M.P.No.2768 of 2015 dated 02.09.2015.

2. It is seen that the petitioner is arrayed as accused No.2 in Crime No.509 of 2014 on the file of the respondent police for the alleged offences under Sections 406 and 420 of I.P.C. and the petitioner was arrested on 19.12.2014 and came out from jail only on 19.06.2015.

3. While granting bail, the learned Judicial Magistrate, Rajapalayam directed the petitioner to appear before the Inspector of Police, EOW, Virudhunagar daily at 10.00 a.m. and the petitioner has complied the condition and the order was modified in Cr.M.P.No.3144 of 2015 to the effect that he should appear before the respondent police twice a week at 10.00 a.m.

4. The learned counsel for the petitioner submitted that the petitioner was complying the condition from August 2015 and the present application for relaxation of the condition was dismissed on 02.09.2015. It is further submitted that the petitioner is a lady aged about 27 years and she was suffering https://hcservices.ecourts.gov.in/hcservices/

from health problems and therefore, she could not travel for long distance to comply the conditions.

5. The learned Government Advocate (Crl.side) submitted that the case has been transferred from respondent police to Inspector of Police, EOW, Virudhunagar District.

6. Considering the facts, this Court is inclined to modify the condition that the petitioner shall appear before the Inspector of Police, EOW, Virudhunagar as and when required.

7. With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar akv To 1 The Judicial Magistrate, Rajapalayam

2. The Sub-Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District.

3 The Inspector of Police, EOW, Virudhunagar

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

+1 CC TO MR.BALA MEENAKSHI, ADVOCATE, SR NO:59638 JAM /AAL-MPA/16.10.15/2P-6C Crl.O.P.(MD).No.19462 of 2015 08.10.2015 https://hcservices.ecourts.gov.in/hcservices/