Madras High CourtCRL MP(MD)/8357/2017ordered

G.Dhanalakshmi v. The Inspector Of Police

2017-09-19Honourable Mr Justice A.M. Basheer Ahamed3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) Nos.8357 to 8360 of 2017 IN CRL OP(MD) Nos.7003 & 7004 of 2017 G.DHANALAKSHMI ... PETITIONER / PETITIONER IN ALL THE PETITIONS Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE THIRUMANGALAM TOWN POICE STATION, MADURAI DISTRICT ... RESPONDENT / RESPONDENT (CRIME NO.535 OF 2015) IN CRL MP(MD)Nos.8357,8358/17 IN CRL OP(MD)No.7003/17 (CRIME NO.534 OF 2015) IN CRL MP(MD)Nos.8359,8360/17 IN CRL OP(MD)No.7004/17 PRAYER IN CRL MP(MD)No.8357/17 IN CRL OP(MD)No.7003/17 Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to extend the time in Crl.O.P(MD).No.

7003/2017 dated 23/06/2017 for surrender before the Judicial Magistrate, Thirumangalam. Prayer in CRL MP(MD). 8358/ 2017 IN CRL OP(MD)No.7003/17: To modify the condition to the effect that the petitioner shall appear before the Learned Judicial Magistrate, Theni instead of the Learned Judicial Magistrate, Thirumangalam, Madurai in Crl.O.P(MD).No.7003/2017 dated 23/06/2017.

Prayer in CRL MP(MD). 8359/ 2017 IN CRL OP(MD)No.7004/17: To extend the time in Crl.O.P(MD).No.7004/2017 dated 23/06/2017 for surrender before the Judicial Magistrate, Thirumangalam. Prayer in CRL MP(MD). 8360/ 2017 IN CRL OP(MD)No.7004/17: To modify the condition to the effect that the petitioner shall appear before the Learned Judicial Magistrate, Theni instead of the Learned Judicial Magistrate, Thirumangalam, Madurai in Crl.O.P(MD).No.7004/2017 dated 23/06/2017.

Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of Mr.S.PAKALAVAN, Advocate for the petitioner in all the petitions and of Mr.A.RAMAR, Additional Public Prosecutor on behalf of the Respondents in all the petitions, the court made the following

order:- These petitions have been filed to extend the time to surrender and modify the condition to the effect that the petitioner shall appear before the Judicial Magistrate, Theni instead of Judicial Magistrate, Thirumangalam due to life threat by the defacto complainant in these cases.

2.The learned counsel for the petitioner further states that on the date of furnishing sureties before the learned Judicial Magistrate, Thirumangalam on 11.07.2017, one of the sureties was rejected by the concerned Magistrate stating that not satisfied with that surety.

3.He further submitted that on 12.07.2017, on that time of executing sureties, the defacto complainant threatened the petitioner. Therefore, a complaint was lodged before the Thirumangalam Town Police Station and F.I.R was registered. The petitioner has taken treatment in the Government hospital and thereafter in the private hospital also. Hence the petitioner is not able to furnish the sureties within the stipulated time. Medical report was also produced by the petitioner herein. 4.The learned counsel for the petitioner further submitted that this Court may direct the petitioner to execute the bond before the Judicial Magistrate No.II, Madurai instead of Judicial Magistrate, Thirumangalam.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner got life threat by the defacto complainant and the case was registered against him before the Thirumangalam Town Police Station. This Court is inclined to extend 10 days time to the petitioner to surrender and this Court modified the condition of the order passed by this Court on 23.06.2017 and directs the petitioner to execute the sureties before the Judicial Magistrate No.II, Madurai within a period of 10 days from the date of receipt of a copy of this order. 6.The Judicial Magistrate No.II, Madurai is directed to send the surety papers after executing the sureties by the petitioner herein to the Judicial Magistrate, Thirumangalam. sd/- 19/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE THENI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT 3 THE JUDICIAL MAGISTRATE THIRUMANGALAM, MADURAI 4 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 5 THE JUDICIAL MAGISTRATE NO.II, MADURAI 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 7 THE INSPECTOR OF POLICE THIRUMANGALAM TOWN POICE STATION, MADURAI DISTRICT +4. C.C. to MR.S.PAKALAVAN Advocate SR.Nos.30968 to 30971 JAM/22.09.17/CM-MSA/SAR 2 3p-12c

ORDER

IN CRL MP(MD) Nos.8357 to 8360 of 2017 IN CRL OP(MD) Nos.7003 & 7004 of 2017 Date :19/09/2017