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Madras High CourtCRL MP(MD)/5272/2020ordered

R.Ajitha v. The Inspector Of Police

2020-10-16Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of October Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice T.KRISHNAVALLI IN CRL A(MD) No.462 of 2019 R.AJITHA ... PETITIONER/PETITIONER/ APPELLANT Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT. ... RESPONDENT/RESPONDENT/ RESPONDENT PRAYER IN CRL MP(MD)No.5272 of 2020 IN CRL A(MD)No.462 of 2019: Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition imposed Upon the petitioner by the order dated 26.11.2019 made in CRL MP(MD)No. 8597 in CRL A(MD)No.462 of 2019, on the file of this Hon`ble court.

PRAYER IN CRL MP(MD)No.8597 of 2020 IN CRL A(MD)No.462 of 2019: Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed on the petitioner in S.C.No.112 of 2015 on the file of the Additional District Judge(Fast Track Court), Nagercoil by the Judgment dated 27.08.2019 and enlarge the petitioner on bail.

PRAYER IN CRL A(MD)No.462 of 2019:

Pleased to call for records and set aside the judgment dated 27.08.2019 made in S.C.No.112 of 2015 on the file of Additional District Court(Fast Track) Nagercoil.

Order : This petition coming on for orders,on this day upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.C.MUTHUSARAVANAN, Advocate for the petitioner and of Mr.R.ANANDARAJ, Additional Public Prosecutor on behalf of the 1/3

Respondent, the court made the following order:- [Order of the Court was made by K.KALYANASUNDARAM, J.] This criminal miscellaneous petition has been filed seeking relaxation of the condition imposed by this Court in Crl.M.P(MD) No.8597 in Crl.A(MD)No.462 of 2019, dated 26.11.2019, wherein, the Petitioner was directed to reside at Nanguneri and report before Nanguneri Police Station, Tirunelveli District daily at 10.30 a.m., until further orders.

2.It is the submission of the learned counsel for the Petitioner that the Petitioner has been complying with the conditions regularly for the past nine months and the Petitioner, being a lady, finds it difficult to reside in a far off place from her native place Madathuvilai, Virikode in Kanyakumari District. It is also stated that the Petitioner is having a school going child and her husband is in jail in view of the conviction imposed in the Sessions Case.

3.Mr.R.Anandharaj, learned Additional Public Prosecutor appearing for the respondent would state that the petitioner's native place is Madathuvilai, Virikode in Kanyakumari District and she is now residing at Nanguneri,Tirunelveli District to comply with the conditions imposed by this Court.

4.In the light of the above facts, the second condition imposed by this Court in the order made in Crl.M.P(MD)No.8597 in Crl.A(MD) No.462 of 2018, dated 26.11.2019 is modified to the effect that the Petitioner shall appear before the Committal Court on the first working day of every English Calendar month until further orders. In all other aspects, the earlier order, dated 26.11.2019 holds good.

5. Accordingly, the Criminal Miscellaneous Petition stands disposed of with the above modification.

sd/- 16/10/2020 / TRUE COPY / / /2020 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.

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TO 1.THE ADDITIONAL DISTRICT JUDGE, FAST TRACK COURT, NAGERCOIL.

2.THE INSPECTOR OF POLICE, MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

3.THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN IN CRL A(MD) No.462 of 2019 Date :16/10/2020 vsn TK/PN/SAR.4/28.10.2020/3P/5C 3/3