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Madras High CourtCRL MP(MD)/7741/2017ordered

Anitha Alias Priya v. The Inspector Of Police

2017-09-05Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.7741 of 2017 IN CRL OP(MD) No.9719 of 2017 ANITHA @ PRIYA ... PETITIONER/PETITIONER Vs THE STATE REP.BY, THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION KANYAKUMARI DISTRICT, CR NO. 86/2017 ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Modify the condition imposed in Crl.O.P.(MD)NO.9719/2017 dated 02/08/2017 with regard to the signing before the respondent police at 10.30 A.M every day to that of signing by 5.00 P.M.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.C.HEROLD SINGH, Advocate for the petitioner and of MR.A.RAMAR Additional Public Prosecutor on behalf of the Respondent the court made the following order:- The learned counsel for the petitioner is present. 2.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner is complying with the conditions imposed by this Court in Crl.O.P.(MD)No.9719 of 2017 from 08.08.2017 to 23.08.2017 and investigation has not been completed.

3.The learned counsel for the petitioner submitted that this Court by order dated 26.07.2017 in Crl.O.P.(MD)Nos.9717 and 9718 of 2017, directed the petitioner to appear before the Judicial Magistrate, Padmanabhapuram daily at 10.30 am. He also submitted that the petitioner has also filed a petition in Crl.O.P.(MD)No.9719 of 2017 for granting bail and this Court by order dated 02.08.2017 directed the petitioner to appear before the respondent Police therein daily at 10.30 a.m. He further submitted that in view of the above said directions the petitioner is unable to comply with both the conditions. Hence, the present petition is filed for modification.

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4.Considering the facts and circumstances of the case and considering the reasons stated in the affidavit, this Court is inclined to modify the condition in Crl.O.P.(MD)No.9719 of 2017 dated 02.08.2017.

5.Accordingly, the petitioner is directed to appear before the respondent Police daily at 5.00 pm., until further orders. This petition is ordered accordingly.

sd/- 05/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION,KANYAKUMARI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.S.C.HEROLD SINGH Advocate SR.No.30092

ORDER

IN CRL MP(MD) No.7741 of 2017 IN CRL OP(MD) No.9719 of 2017 Date :05/09/2017 MKV-PN-SAR 2/08.09.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/