Madras High CourtCRL OP(MD)/9297/2017ordered

G.Padma v. The Sub-Inspector Of Police

2017-07-21Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2017

CORAM:

THE HON'BLE MR.JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)No.9297 of 2017 1.G.Padma 2.Vasuki 3.Regunathan ... Petitioners/Accused No.2 to 4 Vs.

The State Represented by The Sub Inspector of Police, All Women Police Station, Sivagangai District.

Cr.No. 9/2017 ... Respondent/Complainant Prayer: Petition filed under Sections 439(1)(b) of Criminal Procedure Code, to modify the condition of surrender Court as District Munsif cum Judicial Magistrate Court, Ilayankudi instead of Judicial Magistrate Court No.II, Sivagangai, which was imposed on them while granting anticipatory bail by the Learned District Session Court, Sivagangai in Cr.M.P.No.1393 of 2017, dated 11.07.2017.

For Petitioner : Mr.A.Robinson For Respondent : Mr.A.Ramar, Additional Public Prosecutor.

O R D E R

This petition is filed to modify the condition of surrender Court as District Munsif cum Judicial Magistrate Court, Illayankudi instead of Judicial Magistrate Court No.II, Sivagangai, which was imposed on them while granting anticipatory bail by the District Session Court, Sivagangai in Cr.M.P.No.1393 of 2017, dated 11.07.2017.

2. The learned counsel appearing for the petitioners states that the anticipatory bail was granted to the petitioners by the District Sessions Court, Sivagangai, in Crl.M.P.No.1393 of 2017, dated 11.07.2017, directing the petitioners to surrender before the learned Judicial Magistrate- II, Sivagangai. As per the said order of the District Sessions Court, Sivagangai, the petitioners have not executed any bond. In such circumstances, the petitioners have filed the present petition to modify the condition in respect of the surrender before which Court.

3. The learned Additional Public Prosecutor appearing for the respondent states that All Women Police Station, Sivagangai District comes within the jurisdiction of learned District Munsif Cum Judicial Magistrate, Illayankudi.

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4. Considering the facts and circumstances of the case, this Court is inclined to modify the condition as follows:- "The petitioners shall surrender before the learned District Munsif Cum Judicial Magistrate, Illaynkudi, instead of learned Judicial Magistrate No.II, Sivagangai, within a week from the date on which the order copy is made. The other conditions imposed by the learned District Sessions Judge, Sivagangai remains un-altered."

5. Accordingly, this petition is ordered.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1 The District and Sessions Judge, Sivagangai. 2 The District Munsif Cum Judicial Magistrate, Ilayankudi. 3 The Judicial Magistrate No.II, Sivagangai.

4 -do- Thro' The Chief Judicial Magistrate, Sivagangai. 5 The Sub Inspector of Police, All Women Police Station, Sivagangai District. 6 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.9297 of 2017 TRP/VSA JM/SV AAM/SAR 1/01.08.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/