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Madras High CourtCRL MP(MD)/7715/2016ordered

The Inspector Of Police v. K. Santha Gunaseelan

2016-11-23Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL MP(MD) NoS.7715 AND 11432 of 2016 IN CRL OP(MD) NoS.11702 AND 20578 of 2016 The State represented by THE INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

(CR.NO. 180 OF 2016) ... PETITIONER/COMPLAINANT IN CRL MP(MD).NO.7715 OF 2016 IN CRL OP(MD).NO.11702 OF 2016 Vs K. SANTHA GUNASEELAN ... RESPONDENT/1st ACCUSED IN CRL MP(MD).NO.7715 OF 2016 IN CRL OP(MD).NO.11702 OF 2016 SYED MAZOOD ... PETITIONER/PETITIONER IN CRL MP(MD).NO.11432 OF 2016 IN CRL OP(MD).NO.20578 OF 2016 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUTHRAM, TIRUNELVELI DISTRICT, (CRIME.NO.20 OF 2016) ...RESPONDENT/RESPONDENT IN CRL MP(MD).NO.11432 OF 2016 IN CRL OP(MD).NO.20578 OF 2016 Prayer in CRL MP(MD). 7715/ 2016 IN CRL OP(MD) No.11702 of 2016 : Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the Anticipatory Bail granted to the above said Respondent/ 1st Accused in Crl.O.P.(MD) No. 11702 of 2016 dated 14.07.2016 in the interest of justice.

Prayer in CRL MP(MD). 11432/ 2016 IN CRL OP(MD) No.20578 of 2016 : Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the condition imposed on the petitioner by this Honourable Court in Crl O.P.(MD)No.20578 of 2016 dated 26.10.2016.

Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of Mrs.S.Prabha, Government Advocate for the Petitioner in Crl.MP(MD). NO.7715 of 2016 in Crl.OP.(MD).No.11702 of 2016 and the respondent in Crl.MP.(MD).No.11432 of 2016 in Crl.OP.(MD).No.20578 of 2016 and Mr.G.Thalaimutharasu, Advocate for the Respondent in Crl.MP(MD). NO.7715 of 2016 in Crl.OP.(MD).No.11702 of 2016 and the petitioner in Crl.MP.(MD).No.11432 of 2016 in Crl.OP.(MD).No.20578 of 2016 the court made the following order:- The learned counsel for the petitioner/accused would submit that the petitioner has complied with the conditional order dated 14.07.2016 passed by this Court in Crl.O.P.(MD).No.11702 of 2016 till 10.11.2016 and thereafter, he is unable to appear before the respondent police.

He would further submit that the petitioner has been asked to appear before two different Police Stations in both the cases and even though the distance between two police stations is 15 kms., he is unable to comply with the order dated 14.07.1007 and he is willing to comply with the conditions.

2. Heard the learned counsel for the petitioner/accused and the learned Government Advocate (Crl.side).

3. Taking note of the submissions made by the learned counsel for the petitioner/accused, this Court is inclined to give one more opportunity to the petitioner/accused. Accordingly, the cancellation of anticipatory bail petition is dismissed and taking note of the fact that the petitioner is aged about 68 years and complying with the conditions till 10.11.2016, the petitioner is directed to appear before the respondent police once in a month i.e., on the first working day of every English Calendar month at 10.00 a.m. until further orders and also as and when required. sd/- 23/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE JUDICIAL MAGISTRATE AMBASAMUTHRAM 4 THE INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

5 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUTHRAM, TIRUNELVELI DISTRICT 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

sm:SKS-RR:SAR 1:22/12/2016:3P/7C

ORDER

IN CRL MP(MD) NoS.7715 AND 11432 of 2016 IN CRL OP(MD) NoS.11702 AND 20578 of 2016 Date :23/11/2016