← Library
Madras High CourtCRL OP(MD)/9543/2019ordered

Nancy Joseph @ Vanaja v. The Inspector Of Police

2019-07-05Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9543 of 2019

1. Nancy Joseph @ Vanaja, W/o. Joseph, Pozhiyoor & Post, Thiruvanandhapuram District, Kerala.

2. Jeena Joseph, W/o. Bency George, Arakkal Pudhuval House, Kavalam North Po, Kuttanad, Azhapuzha, Kerala.

3. Jisha, D/o. Joseph, Pozhiyoor & Post, Thiruvanandhapuram District, Kerala.

4. Rajam, D/o. Joseph, Pozhiyoor & Post, Thiruvanandhapuram District, Kerala.

... Petitioners/Accused 2 to 5 Vs The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District, Crime No.4/2017.

... Respondent/Complainant For Petitioners : M/s.G.Prabhahari, Advocate.

For Respondent : Ms.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR modification under Section 439(i)(b)r/w.482 Cr.P.C PRAYER :- To modify the conditions No.2 that after the release the petitioners shall appear and sign before the secretary at mediation in Nagercoil, until further orders and Condition No.5 that the

petitioners shall not leave the Jurisdictional Police Limit without prior permission imposed by the Learned Principal Sessions Judge, Kanyakumari District at Nagercoil dated 21/06/2019 made in Crl.M.P.No.2487/2019 ORDER : The Court Made the following order :- This Criminal Original Petition has been filed to modify the condition nos.2 and 5 imposed by the Learned Principal Sessions Judge, Kanyakumari District at Nagercoil in Crl.M.P.No.2487/2019, dated 21.06.2019.

2. The learned counsel for the petitioners would submit that the Learned Principal Sessions Judge, Kanyakumari District at Nagercoil has granted anticipatory bail to the petitioners on condition that the petitioners shall appear and sign before the Secretary, Mediation Centre, Nagercoil daily at 10.30 a.m until further orders and the petitioners shall not leave the jurisdictional police limit without prior permission. She would further submit that all the petitioners are native of Kerala State and that the petitioner Nos.1 and 4 are aged persons and the second petitioner is working as a Doctor in Primary Health Centre at Kerala and the third petitioner is working at Bangalore. Hence they are unable to comply with the conditions nos.2 and 5 and therefore she requested this Court to set aside the condition nos. 2 and 5.

3. The learned Government Advocate(Crl.Side) has not raised any objections for modifying the said condition.

4. Considering the submission made by the learned counsel for the petitioners, the condition nos.2 and 5 imposed by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil in Crl.M.P.No.2487/2019, dated 21.06.2019 are set aside. All other conditions in the said order shall remain intact. Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) AAV TO

1. The Principal Sessions Judge, Kanyakumari District at Nagercoil

2. Do-Through The Chief Judicial Magistrate, Kanyakumari District.

3. The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District, Crime No.4/2017.

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

+1CC TO MR.G.PRABHAKARI, Advocate Sr. No.11135 ORDER IN CRL OP(MD) No.9543 of 2019 Date : 05/07/2019 NS(CO) TR (12.07.2019) 3P 6C