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Madras High CourtCRL OP(MD)/17327/2017ordered

Niloburnisha v. The Sub Inspector Of Police

2017-12-22Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.17327 of 2017 1.Niloburnisha 2.Meharaj 3.Rojabegum 4.Faritha ... Petitioners/ Petitioners Vs.

State represented through the Sub Inspector of Police, All Women Police Station, Theni District, Crime No.28/2017.

...Respondent/Respondent

PRAYER: Criminal Original Petition is filed under Section 439(1)(b) of the Code of Criminal Procedure, to set aside the condition against these petitioners as imposed by the order of the learned Principal District and Sessions Court, Theni in Crl.M.P.No.3922 of 2017 dated 29.11.2017 and grant exemption to report before the respondent police daily at 10.30 a.m until further orders.. For Petitioners : Mr.A.Syed Abdul Kather For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioners to set aside the condition against these petitioners as imposed by the order of the learned Principal District and Sessions Court, Theni in Crl.M.P.No.3922 of 2017 dated 29.11.2017 and grant exemption to report before the respondent police daily at 10.30 a.m until further orders.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the petitioners would submit the petitioners are enlarged on interim bail by the learned Principal

Sessions Judge, Theni for the alleged offences under Sections 498 (A), 294(b),506(ii) I.P.C., and 4 of TNPWH Act and Section 4 of Dowry Prohibition Act in Crl.M.P.No.3922 of 2017 dated 29.11.2017 and four days only the petitioners were complied the condition before the respondent police. The learned counsel further submitted that the petitioners are aged women and they are only the in-laws of the defacto complainant and they are no nexus with the alleged case and they ensure that they would not be neither tamper nor hamper the witness, the petitioners are always ready to co-operate with the investigation as and when required by the respondent police. Hence, he prays to modify the condition imposed by the learned Principal Sessions Judge, Theni 3.The learned Government Advocate (Crl.side) appearing for the respondent Police would submit that investigation is almost completed and petitioners are in-laws and he has no serious objection for allowing the petition.

4.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), this petition is modified. The petitioners are permitted to appear before the respondent police as and when required for interrogation, on receipt of summons. This petition is ordered accordingly.

5.Except the above said modification, all the other conditions imposed by learned Principal Sessions Judge, Theni in Crl.M.P.No.3922 of 2017 dated 29.11.2017 remains unaltered. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Principal Sessions Judge, Theni District.

2. The Sub Inspector of Police, All Women Police Station, Theni District.

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

msa MV:GT:SAR2:23/01/2018/2P/4C Crl.O.P.(MD)No.17327 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 22.12.2017