Madras High CourtCRL OP(MD)/2951/2023partly allowed

Premkumar v. The Inspector Of Police

2023-02-15Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.2951 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/02/2023

CORAM

The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.2951 of 2023

1. Premkumar

2. Subash @ Subash Sundar

3. Mala @ Malathi

4. Janaki ... Petitioners/Accused 2 to 5 Vs The State Rep.by.

The Inspector of Police, Kottampatti Police Station, Madurai District.

(Crime No.3/2023)..

... Respondent/Complainant PRAYER :- This Criminal Original Petition is filed under Section 439 (1)(B) of Crl.P.C, to modify the condition imposed Para(ii) by the learned Principal Sessions Judge, Madurai in Crl.MP.No.295/2023, dated 20.01.2023.

For Petitioners : M/s.Murugesan M, For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to modify the condition imposed in Para(ii) by the learned Principal Sessions Judge, Madurai in Crl.MP.No.295/2023, dated 20.01.2023. 2.The learned counsel for the petitioners would submit that the petitioner filed an application before the learned Principal Sessions Judge, Madurai in Crl.MP.No.295/2023 and the same was allowed on 20.01.2023, with a condition in Paragraph (ii) that the petitioners 2 to 5 shall appear and sign before the respondent Police daily at 10.00 a.m., until further orders. He would submit that the petitioners 1 and 2 are the students and the petitioners 3 and 4 are the women and they are unable to comply with the condition. Hence, seeks modification.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.2951 of 2023 3.Heard both sides.

4.Considering the reason stated by the petitioners, this Criminal Original Petition is partly allowed and the condition in paragraph No.(ii) in Crl.M.P(MD)No.295 of 2023, dated 20.01.2023, is hereby modified to the effect that the petitioners 1 and 2 shall report before the respondent Police every Saturday at 10.30 a.m., until further orders. The other conditions in the said order shall remain intact. This petition is dismissed in respect of third and fourth petitioners.

sd/- 15/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE, MADURAI.

2 THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MADURAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2951 of 2023 Date :15/02/2023 KB/VS/SAR IV(23.02.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2