Tamilselvi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2016

CORAM

THE HONOURABLE MR.JUSTICE DR.P.DEVADASS Crl.R.C.(MD)No.499 of 2016 Tamilselvi ..Petitioner/Accused Wife Vs.

State represented by Sub Inspector of Police, Jayamangalam Police Station, Theni District.

(Crime No.17 of 2012) ..Respondent/Respondent Prayer: Criminal Revision Petition is filed under Sections 397 r/w. 401 of Cr.P.C., against the order passed in Crl.M.P.No.3218 of 2016 dated 18.07.2016 on the file of the Judicial Magistrate Court, Periyakulam in C.C.No.222 of 2012 and set asdie the same and pass appropriate order.

For Petitioner :

Mr.R.Venkatesan For Respondent :

Mr.P.Kandasamy Govt. Advocate (Crl.side)

O R D E R

Tamilselvi, the wife of accused Vellimalai practically seeks help of this Court to get release of her husband, who has been sent to jail in execution of N.B.W., since he had failed to attend the hearing.

2. Vellimalai has been accused of having committed an offence under Section 392 I.P.C. He was charge sheeted. His case is pending in C.C.No.222 of 2012 before the learned Judicial Magistrate, Periyakulam. He was on bail. He had failed to mark his attendance before the Court on the hearing date. The Court did not like this. It, ordered his arrest by issuing N.B.W. It was executed. That is how, Vellimalai had gone back to jail. His wife is not happy. She herself has filed a bail petition before the said Magistrate. The learned Magistrate examined the petition with technical eyes. The learned Magistrate preferred technicality than the precious liberty of a person. Thus, he returned the petition. That is why, Tamilselvi is before us.

3. A wife should be on the side of her husband both in happiness and in sorrow. There is no wrong on her part to take part in his hour of crisis. The learned Magistrate could have taken a liberal view in this matter.

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4. In view of the above, ordered as under:

(1) The revision petition is allowed.

(2) The endorsement made by the learned Judicial Magistrate, Periyakulam on 18.07.2016 is set aside.

(3) The petitioner shall represent the bail petition without losing much time, before the learned Judicial Magistrate, Periyakulam, who will entertain it and pass orders according to law.

(4) The Registrar (Judicial) is directed to return all the original papers to the learned counsel for the petitioner without losing much time.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To

1. The Principal Sessions Judge, Theni.

2. The Chief Judicial Magistrate, Theni.

3. The Judicial Magistrate, Periyakulam.

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

5. The Inspector of Police, Jeyamangalam Police Station, Theni District.

Copy to : The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.R.Venkatesan, Advocate in SR.43305 Crl.R.C.(MD)No.499 of 2016 10.08.2016 akv PBK/KBM/SAR-III 10/08/2016 ::2P-8C::(IT) https://hcservices.ecourts.gov.in/hcservices/