Madras High CourtCRL OP(MD)/12854/2021ordered

Jothi v. The Inspector Of Police

2021-09-06Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 06.09.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Jothi ... Petitioner/Accused Vs The State represented by The Inspector of Police, RS Mangalam Police Station, Ramanathapuram District.

[Crime No.307 of 2020] ... Respondent/Complainant For Petitioner : M/s.Vairam santhosh.G.V For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR Condition relaxation Under Sec.482 r/w 439 (1)(b)of Cr.P.C PRAYER :- For relaxing the condition imposed in Crl.M.P.No.58 of 2021 in Crl.M.P.No.2955 of 2020 on the file of the Principal District and Sessions Judge, Ramanathapuram.

ORDER : The Court made the following order : This petition has been filed for relaxing the condition imposed by the learned Principal District and Sessions Judge, Ramanathapuram in Crl.M.P.No.58 of 2021, wherein the petitioner was directed to appear before the respondent police once in a month from 01.02.2021. 2.The learned Counsel for the petitioner submitted that the petitioner was arrested on 07.11.2020 and was granted bail on 17.12.2020 by the learned trial Court with one of the conditions to appear and sign before the respondent police daily. Accordingly, she complied with the said condition from 19.12.2020 till 08.01.2021 and subsequently, on her application, the condition was modified to appear and sign before the respondent police once in a month and she is complying with the said condition from 01.02.2021. While so, she has filed a petition in Crl.M.P.No.1224 of 2021 for relaxing the condition, but by order dated 29.06.2021 the petition was dismissed. 1/3

3.According to the learned Counsel for the petitioner, the petitioner being a woman, is complying with the condition imposed by the trail Court for a period of past seven months from 17.12.2020 without fail and therefore, he prayed that the condition be relaxed. 4.The learned Government Advocate (Crl Side) submitted that the initial condition was modified by the trial Court and now the petitioner seeks to relax the condition. The petitioner has complied with the condition from 17.12.2020 to 05.01.2021 daily and from 01.02.2021 once in a month till 01.09.2021.

5.It is seen from records that the petitioner is facing charge under Section 306 IPC in Crime No.307 of 2021 on the file of the respondent Police. The petitioner was arrested on 07.11.2020 and was granted bail on 17.12.2020 by the learned trial Court with one of the conditions to appear and sign before the respondent police daily. The petitioner has complied with the said condition from 19.12.2020 till 08.01.2021. While so, she filed a petition in Crl.M.P.No.58 of 2021 for modification of the condition and accordingly, the condition was modified by order dated 05.01.2021 and the petitioner was directed to appear and sign before the respondent police once in a month. As directed the petitioner has been complying with the said condition from 01.02.2021. While so, the petitioner has filed a petition in Crl.M.P.No.

1224 of 2021 for relaxing the condition before the learned Principal and District Sessions Judge, Ramanathapuram, who has by order dated 29.06.2021 dismissed the petition. Therefore, the present petition is filed. 6.Considering the fact that the petitioner has been complying with the condition imposed by the trial Court for the past seven months and considering her status, the condition imposed in Crl.M.P.No.58 of 2021 in Crl.M.P.No.2955 of 2020 on the file of the Principal District and Sessions Judge, Ramanathapuram on 05.01.2021 is fully relaxed.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Principal District and Sessions Judge, Ramanathapuram 2.The Inspector of Police, RS Mangalam Police Station, Ramanathapuram District.

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

Date : 06.09.2021 DSK(CO) KB(16.09.2021) 3P 4C 3/3