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Madras High CourtCRL OP(MD)/1906/2017disposed of

Maria Siluvai, v. State Of Tamil Nadu,

2017-03-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD) No.1906 of 2017 1.Maria Siluvai 2.Christy Greeny Bai : Petitioners/petitioners -VsState of Tamil Nadu, Represented by the Inspector of Police, Karungal Police Station, (Crime No.555 of 2016), Kanyakumari District.

: Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 439(1) (B) of the Criminal Procedure Code to pass an order for setting aside the condition imposed upon the petitioners pursuant to the order dated 30.01.2017, passed in Crl.M.P.No.315 of 2017, on the file of the Court of Sessions, Kanyakumari Division at Nagercoil. For Petitioners :

Mr.J. John Jayakumar For Respondent :

Mr.A.P. Balasubramani, Government Advocate (Crl.side)

O R D E R

The petitioners were granted bail in CRL.M.P.No.3997 of 2016, on 19.12.2016, by the learned Sessions Judge, Kanniyakumari District at Nagercoil, on condition that after release, the petitioners shall report before the Inspector of Police, Cantonment Police Station, Trichy, everyday at 10.00 a.m., until further orders. The said condition was further modified in Crl.M.P.No.315 of 2017 on 30.01.2017, to the effect that the petitioners shall report before the learned Judicial Magistrate No.I, Nagercoil, on every Monday at 10.30 a.m., till the charge sheet is laid. This petition has been filed for modifying the aforesaid condition.

2. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side), on instructions from Mr.M.Rusel Raj, Special Sub-Inspector of Police, Karungal Police https://hcservices.ecourts.gov.in/hcservices/

Station, who appeared in person before this Court, submitted that the investigation in Crime No.555 of 2016 has been completed and charge sheet has been filed before the learned Judicial Magistrate, Eraniel, on 23.12.2016. But the same has not yet been taken on file.

3. In view of the fact that the charge sheet has been filed, the aforesaid condition is modified to the effect that the petitioners shall report before the learned Judicial Magistrate, Eraniel, once in a month, i.e., on the first working day of every English Calendar month at 10.30 a.m., till they receive the summons from the Magistrate. After receipt of summons, the aforesaid condition shall stand relaxed.

4. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (Cs-II) /True Copy/ Sub Assistant Registrar SML/mrn To:

1.The Sessions Judge, Kanyakumari Division at Nagercoil.

2 The Judicial Magistrate No.1, Nagercoil

3. The Judicial Magistrate, Eraniel.

4.The Inspector of Police, State of Tamil Nadu, Karungal Police Station, Kanyakumari District.+ 5 The Inspector Of Police, Cantonment Police Statiion, Trichy 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.John Jayakumar, Advocate Sr.No.13004 GJM/RSK/SKN/15.3.17-2p-8c Order made in CRL.OP(MD) No.1906 of 2017 Dated: 06.03.2017 https://hcservices.ecourts.gov.in/hcservices/