Xavier @ Xavier Fernanth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Fifth day of August Two Thousand Nineteen

Present:

The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.10459 of 2019

1. Xavier

2. Jessima Morais

3. Jeris ... Petitioners/Accused Rank Not Known Vs The State Rep by its The Inspector of Police, All Women Police Station, Tuticorin, Tuticorin District.

(Cr.No. Not known of 2019) ... Respondent/Complainant Prayer :- This Criminal Original Petition is filed under Section 438 of the Cr.P.C. praying this Court, to enlarge the petitioners on bail in the event of their arrest in connection with the FIR in Crime No. not known of 2019, pending investigation on the file of the Respondent Police.

ORDER:- This Criminal Original Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.A.KARTHIK, Advocate for the Petitioner and of MR.V.NEELAKANDAN, Additional Public Prosecutor for the respondent, and of the report submitted by the Principal District Munsif, Judicial Magistrate No.III, (FAC) Thoothukudi vide letter in D.No.1482 dated: 03.08.2019 this Court made the following order:

In pursuance of the order passed by this Court, dated 29.07.2019, the learned Principal District Munsif, Judicial Magistrate No.III, (FAC), Thoothukudi, has submitted a report stating that the said order in Crl.M.P.No.6325/2019 was passed by one Mr.S.Annamalai, (then Judicial Magistrate No.I, Thoothukudi), now, promoted and posted as Sub-Judge, Special Sub Court to deal with MCOP Cases, Thanjavur. He further submitted that in future, he will follow the guidelines issued by this Court as well as the Honourable Supreme Court.

2.The said report is recorded. In future, Mr.S.Annamalai, (then Judicial Magistrate No.I, Thoothukudi), now, the Sub-Judge, Special Sub Court to deal with MCOP Cases, Thanjavur should follow the guidelines issued by the Division Bench of this Court in Crl.O.P.(MD).No.14859/2016 and batch, dated 20.09.2018, (G.Prabakaran Vs. The Superintendent of Police, Thanjavur District), While dealing with the applications under Section 156(3) https://hcservices.ecourts.gov.in/hcservices/

Cr.P.C without any deviation.

3. The Registry is directed to communicate the above observations to the concerned Officer.

Sd/- Assistant Registrar(P & A) // True Copy // Sub Assistant Registrar(CS) TO

1. MR.S.ANNAMALAI, SUB-JUDGE, SPECIAL SUB COURT, MCOP CASES, THANJAVUR.

2. MR.K.BASKAR, PRINCIPAL DISTRICT MUNSIF, JUDICIAL MAGISTRATE NO.III (FAC), THOOTHUKUDI.

Copy to:

1. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 05/08/2019 ==========================

ORDER

========================== CRL OP(MD). No.10459 of 2019 Giving direction and etc.

as stated within.

km(CO) TR (07.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/