Madras High CourtCRL OP(MD)/20071/2021allowed

Sathiya Selvan v. The Inspector Of Police

2021-12-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20071 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20071 of 2021 1.Sathiya Selvan 2.Muthukumar 3.Senthil Kumar 4.Rajadurai 5.Siva @ Sivakumar ... Petitioners/Petitioners Vs.

The Inspector of Police, Sathankulam Police Station Thoothukudi District.

Crime No.269 of 2021 ... Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., r/w 439(1)(b) of Cr.P.C., to set aside the order in Crl.M.P.5499 of 2021 passed by Learned Principal Session Judge, Thoothukudi District dated 17.11.2021 and modify the condition from respondent police to Neelankarai Police Station, Kanchipuram District.

For Petitioners : Mr.P.Narayanakumar For Respondent : Mr.M.Sakthi Kumar Government Advocate (Criminal side)

ORDER

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) appearing for the respondent.

2. The petitioners are figuring as accused in Crime No.269 of 2021 registered on the file of the Sathankulam Police Station for the offences under Sections 147, 294(b), 323, 324 and 506(2) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. The petitioners applied for aniticipatory bail and the same was granted on 25.10.2021. The petitioners were, however, directed to appear before the respondent Police Station daily at 10.30 a.m. Seeking modification, they filed Cr.M.P.(MD)No.5499 of 2021. The said petition was dismissed on 17.11.2021. Challenging the same, this Criminal Original Petition came to be filed.

3. I made it clear to the petitioners that without getting formal relaxation from the Sessions Court, they could not have, on https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20071 of 2021 their own, avoided appearance. Pursuant to the direction given by this Court, the petitioners appeared before the respondent on 19.12.2021 at 11.00 a.m. Further appearance of the petitioners before the respondent is not going to serve any purpose.

4. Therefore, the condition imposed on the petitioners is totally relaxed. The order impugned in this Criminal Original Petition is set aside. This Criminal Original Petition is allowed. The petitioners shall appear as and when required. The respondent is directed to take back the petition filed by them for cancellation of Anticipatory Bail granted to the petitioners herein.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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.

To 1.The Principal Session Judge, Thoothukudi District.

2.The Inspector of Police, Sathankulam Police Station Thoothukudi District.

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

+1 CC to M/s.K.P.NARAYANAKUMAR, Advocate (SR-40131[F] dated 23/12/2021) Crl.O.P.(MD)No.20071 of 2021 22.12.2021 SAR(CO) SB(05.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2