Madras High CourtCRL MP(MD)/9703/2018relaxed

Powlin Dora, D/O Oliver, v. The Inspector Of Police,

2018-11-27Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) No.9703 of 2018 IN CRL OP(MD) No.15404 of 2018 POWLIN DORA ... PETITIONER/ PETITIONER Vs STATE THROUGH THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT Crime No.20 of 2018. ... RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the conditions imposed on the petitioner in Crl.MP(MD)NO. 7759 of 2018 in Crl.OP(MD)No. 15404/2018 dated 01.10.2018 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.T.SELAKUMARAN, Advocate for the petitioner and of Mr.M.ASOKAN, Government Advocate for the respondent, the court made the following order:- This Petition has been filed to relax the condition imposed in Crl.M.P.(MD)No.7759 of 2018 in Crl.O.P.(MD)No.15404 of 2018, dated 01.10.2018.

2.The learned counsel for the petitioner submits that she is arrayed as an accused along with her father who had moved a bail application in Crl.O.P(MD)No.16114 of 2018 and this Court granted bail to her father. Further, he moved the relaxation petition in Crl.M.P.(MD)No.7760 of 2018 in Crl.O.P.(MD)No.15404 of 2018, this Court, by order dated 01.10.2018 relaxed the condition. At this juncture, the petitioner had filed a bail petition in Crl.O.P.(MD) No.15404 of 2018 and thereafter, she had filed a relaxation petition in M.P.(MD)No.7759 of 2018. Both relaxation petitions of the petitioner and her father were tagged together. On 01.10.2018, this Court relaxed the condition in respect of her father in M.P.(MD) No.7760 of 2018 and the condition imposed on this petitioner in M.P. (MD)No.7759 of 2018 has been modified to appear before the respondent police on every Tuesday and Thursday. https://hcservices.ecourts.gov.in/hcservices/

3.According to the petitioners, an error has been crept in the order due to both the petitions being clubbed and brought together. 4.According to the prosecution, the condition imposed on the petitioner was completely relaxed and her father's condition was modified to appear before the respondent police on every Tuesday and Thursday. He further submitted that though the condition imposed on her father was completely relaxed on 01.10.2018, he is still appearing before the respondent on every Tuesday and Thursday. 5.Considering the facts and circumstances of the case, the condition imposed on the petitioner is completely relaxed. sd/- 27/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO I, NAGERCOIL.

2.THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1. C.C. to Mr.T. SELAKUMARAN Advocate SR.No.97505

ORDER

IN CRL MP(MD) No.9703 of 2018 IN CRL OP(MD) No.15404 of 2018 Date :27/11/2018 TK/PN/SAR.2/13.12.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/