Selvin v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1 SELVIN 2 SEKAR @ KATHI SEKAR 3 IRUTHAYADHAS @ ERUTHAYADHAS 4 MESSIA DHAS @ MESIYADHAS 5 SHAJIN 6 ELDEN @ ELDAN 7 AJI @ VERJIN SELVAKUMARI @ VERJIN SELVA KUMARI 8 REJILA @ REJILA THANJA KUMARI 9 ANISHA @ ANISHA RAJAN 10 SHEELA 11 KARLEENAL ... Petitioners / Petitioners / Accused Nos.4 to 14 Vs THE SUB INSPECTOR OF POLICE KARUNGAL POLICE STATION, (CRIME NO.194 OF 2023.) REP. BY P.P. NAGERCOIL.
... Respondent / Respondent Criminal Original Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to modify the condition no.2 imposed by the learned Principal Sessions Judge,Kanyakumari District at Nagercoil in Crl.M.P.No.3428 of 2023 dated 04.07.2023. 1/4
ORDER : This criminal original petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.R.SREENIVASAN, Advocate for the petitioners and of Mr.S.MANIKANDAN, Government Advocate (Crl. side), on behalf of the Respondent, the court made the following order:- This petition has been filed to modify the condition imposed on the petitioner in Crl.M.P(MD) No.3428 of 2023 dated 04.07.2023 on the file of the Principal Sessions Judge, Kanyakumari District at Nagercoil.
2. The learned counsel for the petitioner submitted that the petitioner has been complying the condition regularly and he prayed for modification of the said condition.
3. When the matter was taken for earlier hearing in Crl.O.P(MD) No.13407 of 2023, the defacto complainant insisted the petitioners to file an undertaking affidavit stating that they will abide by the order of civil Court and that application was dismissed since the petitioners were not ready on that date. But now, this petition is filed along with the undertaking affidavit.
4.The learned Additional Public Prosecutor submitted that the petitioner has been complying the condition regularly. Further, the Charge Sheet is made ready, but it has not been taken on file by the concerned trial Court. 5.Taking into consideration of the submissions made by both the counsels and on the basis of the undertaking affidavit filed by the petitioners, the condition No.2 2/4
imposed in Crl.M.P(MD) No.3428 of 2023 dated 04.07.2023 on the file of the Principal Sessions Judge, Kanyakumari at Nagercoil, is modified to the effect that the the petitioner shall appear before the concerned trial Court as and when required.
sd/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU To 1.The Principal Sessions Judge, Kanyakumari District at Nagercoil.
2.The Judicial Magistrate, Eraniel.
3.Do through the Chief Judicial Magistrate, Kanyakumari District at Nagercoil.
4.The Judicial Magistrate, Thenkasi.
5.Do through the Chief Judicial Magistrate, Tirunelveli District.
6.The Sub Inspector of Police, Karungal Police Station.
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7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to M/s.M.R.SREENIVASAN, Advocate, SR-41674(F), dated 05.09.2023.
ORDER
IN Date :04/09/2023 ED/VRS/SAR- (12/09/2023) 4P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4