Madras High CourtCRL MP(MD)/13993/2022allowed

S.Geetha @ Geethanjali v. The Inspector Of Police

2022-11-15Honourable Mr Justice A.A.Nakkiran2 pages

CRL MP(MD) No.13993 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL MP(MD) No.13993 of 2022 IN CRL OP(MD) No.16694 of 2022 S.GEETHA @ GEETHANJALI ... PETITIONER/ACCUSED No.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, PUDUKOTTAI DISTRICT.

(CRIME NO.12/2022) ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to set aside the condition in clause (ii)imposed on the petitioner in Crl.O.P.9MD).16694/2022 dt 23.09.2022.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.RAAMAKRISHNAN KA, Advocate for the petitioner and of Mr.M.VEERANTHIRAN, Government Advocate(crl.side) on behalf of the Respondent, the court made the following order:- This petition has been filed to set aside the condition in clause (ii) imposed on the petitioner in Crl.O.P.(MD)No.16694 of 2022 dated 23.09.2022.

2.Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that since the amount imposed upon the petitioner is very huge, she is not in a position to comply with the condition in clause (ii) of the order passed by this Court in Crl.O.P.(MD)No.16694 of 2022, dated 23.09.2022 and therefore, she is still in judicial custody. Hence, he prays for allowing this petition.

3.The learned Government Advocate (Crl. side) appearing for the respondent police has no serious objection for allowing this petition.

https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.13993 of 2022 4.Considering the submissions made by the learned counsel on either side and also considering the facts and circumstances of the case, the condition in clause (ii) imposed on the petitioner in Crl.O.P.(MD)No.16694 of 2022 dated 23.09.2022 is modified to the effect that "the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the credit of Crime No.12 of 2022 before the learned Judicial Magistrate No.II, Pudukottai, without prejudice to her rights and contentions before the trial Court and produce the receipt/acknowledgement before the concerned Court while executing sureties". All other condition in the said order dated 23.09.2022 shall remain unaltered. 5.The Criminal Miscellaneous Petition is ordered accordingly. sd/- 15/11/2022 / TRUE COPY / 17/11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, PUDUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE SUPERINTENDENT, WOMENS JAIL, TRICHY.

4 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, PUDUKOTTAI DISTRICT.

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

+1. C.C. to M/S.RAAMAKRISHNAN KA Advocate SR.No.13040 ORDER IN CRL MP(MD) No.13993 of 2022 IN CRL OP(MD) No.16694 of 2022 Date :15/11/2022 sji SA/VR/SAR. /17.11.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2