Saroja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM IN CRL OP(MD) No.16391 of 2023 1.SAROJA 2.THAMARESAN ... Petitioners / Petitioners Vs THE STATE REP BY ITS THE INSPECTOR OF POLICE KALIAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.215 OF 2023) ... Respondent / Respondent 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 to permit the petitioners to execute the sureties before learned Judicial Magistrate Court, Valliyoor, Tirunelveli District instant of Judicial Magistrate No.I, Kuzhithurai and the deposit of Rs.10,000/- in Crl.O.P.(MD).No.16391 of 2023 dated 14.09.2023.

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.VADIVEL A, Advocate for the petitioners and of Mr.R.SURESH KUMAR, Government Advocate (Crl. side) on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition has been filed to modify the condition to permit the petitioners to execute the sureties before the learned Judicial Magistrate 1/3

Court, Valliyoor, Tirunelveli District instead of learned Judicial Magistrate No.I, Kuzhithurai and deposit a sum of Rs.10,000/- in Crl.O.P.(MD)No.16391 of 2023, dated 14.09.2023.

2.The learned counsel appearing for the petitioners would submit that since the petitioners are practicing Advocates, no Advocates are ready to produce surety on behalf of the petitioners. Hence, he seeks modify the above said condition. 3.Considering the facts and circumstances of the case, the condition already imposed on the petitioners is modified and the petitioners are directed to execute sureties before the learned Judicial Magistrate, Valliyoor, Tirunelveli District and also deposit a sum of Rs.10,000/- as directed by this Court earlier. After executing sureties, the learned Judicial Magistrate, Valliyoor is directed to send the relevant papers to the learned Judicial Magistrate No.I, Kuzhithurai, immediately. Accordingly, the Criminal Miscellaneous Petition is allowed. sd/- 16/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 2/3

To 1.The Judicial Magistrate No.I, Kuzhithurai.

2.Do through the Chief Judicial Magistrate, Kanyakumari District.

3.The Judicial Magistrate, Valliyoor.

4.Do through the Chief Judicial Magistrate, Tirunelveli District.

5.The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

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

+1 CC to M/s.A.VADIVEL, Advocate ( SR-15212[I] dated 16/10/2023 )

ORDER

IN IN CRL OP(MD) No.16391 of 2023 Date :16/10/2023 ED/VRS /SAR- (20/10/2023) 3P / 8 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3