Kala@ Janaki@ Banumathi@Kanaga v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.17118 of 2018 1 KALA @ JANAKI @ BANUMATHI @ KANAGA 2 CHANDRA @ LAKSHMI ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REP.BY THE DEPUTY SUPERINTENDENT OF POLICE, Q BRANCH CID, CHENNAI.

CRIME NO.1/2106 IN S.C.NO.8/2107 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.JOHN VINCENT, Advocate for Mr.A.JAYARAMACHANDRAN, Advocate For Respondent : Mr.CHELLAPANDIAN, Additional Advocate General assisted by Mr.M.ASOKAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 & 2 herein earlier moved this Court for bail by filing Crl.O.P.No.12053 of 2018. This Court while dismissing the bail petition, issued certain directions. One such direction was that an additional final report should be filed on or before 07.09.2018. The prosecution could not stick to the said time schedule and obtained an order for extension of time. That necessitated the filing of this Criminal Original Petition. 2.When the matter was taken up for hearing, the learned Additional Advocate General informs the Court that additional final report has since been filed on 22.10.2018, the matter is posed tomorrow (ie., 25.10.2018) before the trial Court to enable the Court to furnish the copies of the additional final report. 3.

The learned Principal Sessions Judge, Karur, is directed to conduct trial in this case on a day to day basis and ensure that the trial itself gets concluded on or before 21.12.2018. The accused shall extend their fullest co-operation for the expeditious disposal of the said case. If for any reason on account of any act or omission on the part of the prosecution, the said time schedule could not be adhered to, the petitioners are given liberty to renew their bail petition.

4. This Court had directed filing of an affidavit by the Superintendent of Police as well as the Investigating Officer that https://hcservices.ecourts.gov.in/hcservices/

if the trial could not be concluded before the said date, on account of any act or omission on the part of the prosecution, it is open to the accused to renew their bail petition and that the same would not be opposed by them.

5. The learned Additional Advocate General undertakes before me that he would have the affidavit filed by both these Officials, on or before 30.10.2018. This undertaking is recorded.

6. At this stage, the learned counsel appearing for the petitioners submits that the jail authorities are holding out a threat to the second petitioner viz., Chandra @ Lakshmi that one Karthika, a transgender with predominantly male characteristics will also be housed in her cell.

7.This Court gives a firm direction to the jail authorities that the petitioners herein will not be harassed in any way and that at no point of time, the petitioners will be housed along with any transgender. It is further submitted that the husband of the second petitioner namely, Sundaramoorthy is presently in Puzhal prison. Since there is video conference facility available, the jail authorities as per the norms, will enable the second petitioner to have conversation with her husband viz., Sundaramoorthy through video conferencing facility.

8. With these directions, this Criminal Original Petition is dismissed.

9. The Registry is directed to mark a copy of this order to the jail authority.

sd/- 24/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL SESSIONS JUDGE, KARUR.

2. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

3. THE DEPUTY SUPERINTENDENT OF POLICE, Q BRANCH CID, CHENNAI.

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

+1. CC to MR.A.JAYARAMACHANDRAN Advocate SR.No.91335 ORDER IN CRL OP(MD) No.17118 of 2018 Date :24/10/2018 JM/PN/SAR-3/25.10.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/