Madras High CourtCRL MP(MD)/8992/2024ordered

Elakkiya Sundaresan v. The Inspector Of Police

2024-08-30Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY IN CRL OP(MD) No.11693 of 2024 1 ELAKKIYA SUNDARESAN 2 SUNDARESAN GEROGE ... Petitioners / Accused No. 4 &5 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AANDIPATTI.

THENI DISTRICT.

CR.NO.19/2024 ... Respondent / Complainant Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition point No.6(B) imposed in the order in Crl.O.P(MD) No. 11693 of 2024 dt 26.07.2024 on the file of this Honble Court modified to as and when required and pass such further or other orders as this Honble Court. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.S.S.SUNDARAPANDIAN, Advocate for the petitioner and of MR.A.ALBERT JAMES, Government Advocate (Crl.Side) on behalf of the Respondent the Court made the following order:- 1/4

This petition has been filed to modify the condition No.6(b) that the petitioners shall report before the respondent police daily at 10.30 a.m, for the period of two weeks and thereafter, as and when required, imposed on the petitioner by this Court in Crl.OP(MD)No.11693 of 2024 dated 26.07.2024 as 'the petitioners shall report before the respondent police as and when required for interrogation'. 2.Heard the learned counsel on either side.

3. Considering the prayer made by the learned counsel for the petitioners that though the petitioners are only in-laws and are also government servants, this Court had imposed a condition upon them to appear before the respondent police daily at 10.30 a.m, for the period of two weeks at the time of granting anticipatory bail, even if the petitioners are only in-laws and even if they are government servants, they have to appear before the respondent police because the respondent police have to interrogate the petitioners and complete the investigation. Therefore, the said condition cannot be modified in toto.

4. However, considering a hardship, which is pleaded, the condition is modified to the effect that the petitioners shall appear before the respondent police for a period of one week and thereafter, the said condition shall stand relaxed.

5. In view of the fact that the condition is being modified today, the time to execute the surety for complying with the other requirements is extended by one 2/4

week from the date of receipt of a copy of the order. 6.The Criminal Miscellaneous Petition is ordered accordingly. sd/- 30/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE ANDIPATTI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AANDIPATTI, THENI DISTRICT.

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

+1 CC to M/s.S.S.SUNDARAPANDIAN, Advocate ( SR-10599[I] dated 30/08/2024 ) 3/4

ORDER

IN IN CRL OP(MD) No.11693 of 2024 Date :30/08/2024 PSP/ GS /SAR /10.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4