Maria Antony v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.12363 of 2016 IN CRL OP(MD) No.20515 of 2016 MARIA ANTONY ... PETITIONER/PETITIONER Vs THE STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI SOUTH, MADURAI (IN CRIME NO.12/2016) ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the condition imposed in Crl.OP(MD) No.20515 of 2016 dated 26.10.2016 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.N.SAVARI MALAI, Advocate for the petitioner and of MR.P.KANDASAMY, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- This is a petition seeking relaxation of the condition imposed by this Court on the petitioner in Crl.O.P.(MD).No.20515 of 2016, dated 26.10.2016.

2.As per the earlier order of this Court, dated 16.12.2016, a report is received from the learned Judicial Magistrate, Uthamapalayam and it reveals that the petitioner is complying with the condition from 14.11.2016 to 16.12.2016 and from 21.12.2016 to 29.12.2016 and the accused has not appeared from 17.12.2016 to 20.12.2016. Hence, appearance of the petitioner is irregular before the concerned Court and the condition imposed by this Court has not been properly complied with.

3.The learned counsel for the petitioner stated that due to sickness of the petitioner, the petitioner has failed to appear before the Court concerned from 17.12.2016 to 20.12.2016. The petitioner has not taken any steps to condone his absence before the trial court.

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4.Considering the above facts and circumstances of the case, this Court directs that the petitioner has to deposit a sum of Rs.500/- (Rupees five hundred only) into the District Legal Services Authority, Theni and to appear before the concerned Court from the date on which order copy is made ready until further orders.

5. In view of the above, the absence of the petitioner before the trial court is condoned. Accordingly, this petition is disposed of.

sd/- 03/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE , UTHAMAPALAYAM, 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI SOUTH, MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE OFFICER INCHARGE, THE DISTRICT LEGAL SERVICES AUTHORITY, THENI DISTRICT +1. C.C. to M/S.N.SAVARI MALAI Advocate SR.No.289/17

ORDER

IN CRL MP(MD) No.12363 of 2016 IN CRL OP(MD) No.20515 of 2016 Date :03/01/2017 https://hcservices.ecourts.gov.in/hcservices/ SMA/SKN/SAR-I/05.01.2017:2P/7C