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Madras High CourtCRL MP(MD)/8240/2017dismissed

Sasikala Pushpa v. The Inspector Of Police

2017-10-06Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.8240 of 2017 IN CRL OP(MD) No.2677 of 2017 SASIKALA PUSHPA ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT, CR NO. 68/2017. RESPONDENT / COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Relax the conditions imposed on the Petitioner in order dated 14.06.2017 in Crl. O. P. (MD) No. 2677/2017. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.B.RAMASAMY, Advocate for the petitioner and of Mr.K.

ANBARASAN, Government Advocate (Crl.Side)on behalf of the Respondent, the court made the following order:- The petitioner has filed the present petition to relax the conditions imposed by this Court, in the order dated 14.06.2017 in Crl.O.P.(MD)No.2677 of 2017. On an earlier occasion i.e., 02.08.2017 in Crl.M.P.(MD)No.6210 of 2017, this Court condoned the absence of the petitioner and directed her to appear before the concerned Court after completion of the Parliament Session.

2.The learned counsel appearing for the petitioner submitted that the petitioner being the member of the Parliament and she has attending the Parliament Sessions. On an earlier occasion, as per condition imposed by this Court, she appeared only on 10.07.2017, thereafter she did not appear before the learned Principal District Munsif-cum-Judicial Magistrate, Nanguneri, as directed by this Court. Thereafter, the petitioner filed another Crl.M.P.(MD)No.6210 of 2017 in Crl.O.P.(MD)No.2677 of 2017 seeking relaxation from condition imposed on her on 14.06.2017. This Court, after considering the facts and circumstances of the case and the petitioner being the member of the Parliament, relaxed till the Parliament Session was over.

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3.Today, the learned Government Advocate (Crl. Side) submitted that petitioner did not comply with the conditions regularly as imposed by this Court.

4.On a perusal of the petition filed by the petitioner, the Parliament Session ended on 03.08.2017. Thereafter, the petitioner appeared only on 21.08.2017. Thereafter, she did not appeared before the concerned Court as directed by this Court. 5.In the above said subsequent order of this Court on 02.08.2017, since the petitioner wholly appeared only for two times before the lower Court, thereafter she did not appeared before the lower Court. Hence without comply the conditions imposed by this Court, I am not inclined to relax the condition imposed by this Court. The petitioner is directed to appear before the the learned Principal District Munsif-cum-Judicial Magistrate, Nanguneri, as per the order passed by this Court on 02.08.2017. Hence, this petition is dismissed.

sd/- 06/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NANGUNERI , TIRUNELVELI DISTRICT 2 THE PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANGUNERI 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 4 THE INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.B.RAMASAMY Advocate SR.No.32315 JAM/20.10.17/PM-PN/SAR 1/ 2P-7C ORDER IN CRL MP(MD) No.8240 of 2017 IN CRL OP(MD) No.2677 of 2017 Date :06/10/2017 https://hcservices.ecourts.gov.in/hcservices/