Madras High CourtCRL OP(MD)/16424/2017dismissed

Ramalakshmi, v. The Inspector Of Police,

2017-11-30Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.16424 of 2017 1.Ramalakshmi 2.Selvi ... Petitioners/Petitioners.

Vs.

State rep. by The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

(Crime No.523 of 2017) ... Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 439 (1) (b) of the Code of Criminal Procedure, to modify the condition imposed by the learned Principal & District Sessions Court, Srivilliputtur in Cr.M.P.No.3737 of 2017 dated 13.11.2017 as to appear before the learned Judicial Magistrate No.II, Virudhunagar instead of respondent police.

For Petitioners : Mr.R.Sathish For Respondent : Mr.K.Anbarasan Government Advocate

O R D E R

The Petitioner filed this modification petition to modify the condition imposed by the learned Principal & District Sessions Court, Srivilliputtur in Cr.M.P.(MD)No.3737 of 2017, dated 13.11.2017 to direct the petitioners to appear before the learned Judicial Magistrate No.II, Virudhunagar instead of respondent police.

2.The learned counsel appearing for the petitioners would submit that if the petitioners appear before the respondent police, there is a life threat to them. Hence, they pray for modification petition.

3.The Learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioners did not comply with the order dated 13.11.2017, passed by the learned Principal & District Sessions Court, Srivilliputtur and not even appeared in a single day before the respondent police.

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4.Considering the facts and circumstances of the case and also considering the gravity of the offence , I am not inclined to modify the condition. Accordingly, the criminal original petition is dismissed with a direction to the petitioners to appear before the respondent police tomorrow onwards, daily at 10.30 a.m., until further orders.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.

To 1.The Principal & District Sessions Court, Srivilliputtur.

2.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.16424 of 2017 30.11.2017 rmi AM/SKN RSK/SAR 1/30.11.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/