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Madras High CourtCRL MP(MD)/2633/2019disposed of

Shylabegam, v. The Inspector Of Police,

2019-09-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.2633 of 2019 IN CRL OP(MD) No.12 of 2019 SHYLABEGAM ... PETITIONER/ DEFACTO COMPLAINANT/ DEFACTO COMPLAINANT Vs 1 STATE REP.BY THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI.

... 1st RESPONDENT/ RESPONDENT/ COMPLAINANT 2 KAMILA ILAVARASI 3 MOHAMED SELVAM ... RESPONDENTS 2 & 3/ PETITIONERS/ ACCUSED 1 & 2 Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to set aside the order and cancel the order granted by this Hon'ble Court in Crl.OP(MD)No.12 of 2019 dated 04.01.2019. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.T.S.R.VENKATARAMANA, Advocate for the petitioner and of Mr.S.CHANDRASEKAR, Additional Public Prosecutor for R1 and Mr.AJMAL KHAN, Senior Counsel for R2 & R3, the court made the following order:- It is submitted that the locker at the Indian Overseas Bank, Meenakshi College Branch, Kalpalam Road, Madurai 625 002, stands in the name of the sister- in- law (A2) of the de facto complainant/petitioner. The petitioner is also authorised to operate the locker.

2.The learned Counsel appearing for the respondents 2 and 3 submitted that the sister-in-law (A2) would co-operate with the petitioner, for opening the said locker. The petitioner as well as A2, shall be permitted to open the locker, take an inventory, photograph in the presence of the Branch Manager, Indian Overseas https://hcservices.ecourts.gov.in/hcservices/

Bank, Meenakshi College Branch, Kalpalam Road, Madurai 625 002 and report before this Court.

3.The learned Counsel appearing for the petitioner also agreed for the submissions made by the learned Counsel for respondents 2 and 3.

4.Taking into consideration the submission made on either side, the Branch Manager, Indian Overseas Bank, Meenakshi College Branch, Kalpalam Road, Madurai 625 002, is hereby directed to permit the petitioner and her sister-in-law (A2) to open the locker, take inventory and photographs, in his presence.

5.The petitioner and A2 are directed to file the details with regard to the inventory, before this Court on 24.04.2019. 6.Call this matter on 24.04.2019.

sd/- 16/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.2. MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADRUAI DISTRICT.

3. THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE BRANCH MANAGER, INDIAN OVERSEAS BANK, MEENAKSHI COLLEGE BRANCH, KALPALAM ROAD, MADURAI 625 002 +1. C.C. to MR.T.S.R.VENKATARAMANA Advocate SR.No.6910 +1CC TO M/S.AJMAL ASSOCIATES, Advocate, Sr No.6829

ORDER

IN CRL MP(MD) No.2633 of 2019 IN CRL OP(MD) No.12 of 2019 Date :16/04/2019 MS/MMS/SAR-2/16.04.2019/2P.8C https://hcservices.ecourts.gov.in/hcservices/