Madras High CourtCRL MP(MD)/760/2023disposed of

Kalpana v. The Inspector Of Police

2023-06-05Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.760 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.760 of 2023 IN CRL OP(MD) No.3545 of 2022 KALPANA ... PETITIONER/DEFACTO COMPLAINANT Vs 1 THE STATE REP BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI, THENI DISTRICT.

CR. NO. 7 OF 2022, ..1st RESPONDENT/COMPLAINANT 2 KALIYAPPAN ...2ndRESPONDENT/ACCUSED NO.1 Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Cancel the order of Anticipatory bail in Crl O.P (MD) No. 3545 of 2022 dated 18.08.2022 by this Honble court and consequently direct the 1st respondent police to secure the 2nd respondent / A1 in the above said Crime No. 7 of 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. PRASANNA RAJADURAI.A, Advocate for the petitioner and of MR.B.

SURESH KUMAR, Government Advocate (Criminal Side) on behalf of the 1st Respondent and the 2nd Respondent not appearing either in person or by an advocate, the court made the following order:- By the order dated 31.03.2023, this Court is directed the Superintendent of Police, Theni District, to recover Rs.80,000/- from the salary of the second respondent and remit the same in Crime No.7 of 2022. For reporting compliance, the matter is listed today.

2. Clarification sought by the Superintendent of Police, Theni District, as to the mode of recovery of the money and the account in which, it must be remitted. It is clarified that it may not be possible for the Superintendent of Police to recover Rs.80,000/- in one installment. The above said amount shall be recovered in four https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.760 of 2023 equal installments from the salary of the second respondent. The amount may be deposited before the trial Court, before which, the Crime No.7 of 2022 is pending. To that extent, clarification has been issued.

3. After passing this order, the learned counsel for the petitioner would submit that the petitioner may be permitted to withdraw the above said amount and a direction may be issued to the second respondent to continue the payment regularly.

4. Considering the submission made by the learned counsel for the petitioner, permission is granted to the petitioner to withdraw the amount to be deposited by the Superintendent of Police, Theni District, in a periodical manner, for which, he must file a proper application before the concerned trial Court. Similarly, with regard to the direction for continuous payment, second respondent is directed to continue the payment till further orders. sd/- 05/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE THENI, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE SUPERINTENDENT OF POLICE, THENI DISTRICT.

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI, THENI DISTRICT.

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

+1. CC to MR.A.PRASANNA RAJADURAI Advocate SR.No.8105(I)

ORDER

IN CRL MP(MD) No.760 of 2023 IN CRL OP(MD) No.3545 of 2022 Date :05/06/2023 PKP/CG/SAR- /12.06.2023/ 2P/7C https://www.mhc.tn.gov.in/judis 2/2