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Madras High CourtCRL MP(MD)/11877/2024dismissed

Anitha Priya v. The State Of Tamil Nadu

2024-11-08Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Crl.M.P(MD) Nos.11877 to 11879 of 2024 in Crl.O.P(MD) Nos.12113, 12116 & 12121 of 2024 ANITHA PRIYA ... PETITIONER/ACCUSED 7 IN ALL MPS Vs THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO. 230/2024 ... RESPONDENT/COMPLAINANT IN CRL MP(MD)NO.11877/2024 THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.83/2024 ... RESPONDENT/COMPLAINANT IN CRL MP(MD)NO.11878/2024 THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.229/2024 ... RESPONDENT/COMPLAINANT IN CRL MP(MD)NO.11879/2024 1/5

Prayer in CRL MP(MD). 11877/ 2024 :

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 imposed in Crl O.P (MD) No. 12113 of 2024 vide order dt. 30.07.2024 directing her to report before Ottanchatram Police station daily at 10.30 am instead of the petitioner shall report before the respondent police at 10.30 am until further order. Prayer in CRL MP(MD). 11878/ 2024 :

To modify the condition imposed in Crl O.P (MD) No. 12116 of 2024 vide order dt. 30.07.2024 directing her to report before Ottanchatram Police station daily at 10.30 am instead of the petitioner shall report before the respondent police at 10.30 am until further order.

Prayer in CRL MP(MD). 11879/ 2024 :

To modify the condition imposed in Crl O.P (MD) No. 12121 of 2024 vide order dt. 30.07.2024 directing her to report before Ottanchatram Police station daily at 10.30 am instead of the petitioner shall report before the respondent police at 10.30 am until further order.

Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.SANGEETHA SRI.S, Advocate for the petitioner in all cases and of MR.A.ALBERT JAMES, Government Advocate(Crl.side) on behalf of the Respondent in all cases, the court made the following order:- These petitions have been filed seeking modification of condition imposed on the petitioner by this Court in Crl.O.P(MD) Nos.12113, 12116 & 11879 of 2024, on 30.07.2024.

2.Heard, the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3.The specific case of the petitioner is that she was arrested in another case in 2/5

Cr.No.96 of 2022 on 04.10.2024 and she was enlarged on bail by the Judicial Magistrate, Oddanchatram by order, dated 09.10.2024 and the petitioner was directed to appear before the Inspector of Police, Oddanchatram Police Station daily at 10.00 a.m., and 05.00 p.m., until further orders.

4.The petitioner has also taken a stand that she is pregnant and she is not in a position to comply with the condition.

5.In the considered view of this Court, there is absolutely no explanation in the petition as to why, the petitioner has not complied with the condition imposed by this Court till 04.10.2024, when she was arrested in another case. 6.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner did not comply with the condition even for a single day. 7.In the light of the above submissions, this Court is not inclined to modify the condition, since the petitioner has not explained as to why she did not comply with the condition till 04.10.2024. If the petitioner had any difficulty in complying with the condition, the petitioner should have immediately approached this Court and sought for modification. Now this petition seeking modification has been filed nearly 3 months after the order was passed by this Court. Such conduct on the part of the petitioner cannot be entertained.

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8.In view of the above, all these petitions are dismissed and there shall be a direction to the petitioner to appear before the respondent Police every Monday and Friday at 10.30 a.m., until further orders. While appearing before the respondent Police on Mondays and Fridays, the petitioner need not appear before the Sub Inspector of Police, Oddanchatram. On the other days, the petitioner has to comply with the condition imposed by the learned Judicial Magistrate, Oddanchatram in Crl.M.P.No.3800 of 2024 by order, dated 09.10.2024. 6.Accordingly, this Criminal Miscellaneous Petition stands disposed of. sd/- 08/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pnm TO 1.THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT. 4/5

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

COPY TO

1. THE JUDICIAL MAGISTRATE, ODDANCHATRAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3.THE INSPECTOR OF POLICE, ODDANCHATRAM POLICE, DINDIGUL.

ORDER

IN Crl.M.P(MD) Nos.11877 to 11879 of 2024 in Crl.O.P(MD) Nos.12113, 12116 & 12121 of 2024 Date :08/11/2024 RK/GSV (21/11/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5