Madras High CourtCRL OP(MD)/8492/2021dismissed

S.V.Shanthi v. The Inspector Of Police

2021-06-29Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.8492 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8492 of 2021

1. S.V.Shanthi

2. Vairam

3. Subramanian

4. Valarmathi

5. Venkatesh ... Petitioners/Petitioners/Accused Vs State rep.by The Inspector of Police, Theni Police Station, Theni District.

Crime No. 235 of 2021. ... Respondent/RespondentComplainant For Petitioners : Mr.M.Karunanithi, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR RELAXATION Under Sec.439(1)(b) of Cr.P.C PRAYER :- To relax the condition of appearing daily before the respondent police at 10.30 A.M. and 5.00 P.M. until further orders in Crl.MP.938 of 2021 in Cr.No.235 of 2021 on the file of the respondent police and pass such other orders as this Hon'ble Court. ORDER : The Court made the following order :- This petition has been filed to relax the condition imposed by the learned Vacation Sessions Judge, Theni in Crl.M.P.No.938 of 2021 directing the petitioner.

2. The learned counsel for the petitioners would submit that the condition imposed on the petitioners in Crl.M.P No.938 of 2021 was relaxed only up to 31.05.2021 and thereafter the petitioners could not comply with the conditions for the reason that the petitioners 1,3 and 4 were tested positive for corona virus and the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8492 of 2021 other petitioners were attending them, hence he seeks relaxation of the said condition.

3. The learned counsel for the petitioners has not produced any materials in support of her submission that the petitioners 1, 3 and 4 were tested positive for corona virus, hence this Court is not inclined to entertain this petition.

4. In the result, the petition stands dismissed. However, liberty is granted to the petitioners to approach the concerned Court for relaxation of the condition with supporting materials if any and if any such application is being filed, the learned Sessions Judge is directed to consider the pass orders on its own merits and in accordance with law.

sd/- 29/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE PRINCIPAL SESSIONS JUDGE, THENI.

2.THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8492 of 2021 Date :29/06/2021 AAV AE/MNR/SAR-V/01.07.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2