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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.03.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.6510 of 2019
Alaguraja … Petitioner
Vs.
The State Rep. by
The Inspector of Police
South All Women Police Station
Tiruppur
(Crime No.12/2018) … Respondent
Prayer: Criminal Original petition is filed under Section 482 of
Cr.P.C, to relax the condition that the petitioner is directed to appear
before the Hon’ble Sessions Court, Tiruppur daily once at 10.30 a.m. and
sign until further orders imposed by the learned Principal Sessions Judge,
Tiruppur in Crl.M.P.No.127 of 2019 by an order dated 31.01.2019.
For Petitioner : Mr.S.Kanmani
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This Criminal Original petition has been filed by the petitioner under
Section 482 of Cr.P.C, to relax the condition that the petitioner is directed
to appear before the Hon’ble Sessions Court, Tiruppur daily once at 10.30
a.m.
http://www.judis.nic.in and sign until further orders imposed by the learned Principal
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Sessions Judge, Tiruppur in Crl.M.P.No.127 of 2019 by an order dated
31.01.2019.
2.The learned counsel for the petitioner would submit that the
respondent police registered a case against the petitioner under Sections
498A IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of
Women Act on the basis of the complaint made by the petitioner’s wife.
3.The learned counsel would further submit that the petitioner filed
an anticipatory bail application in Crl.M.P.No.11 of 2019 and the same was
granted by the learned Sessions Judge by an order dated 07.01.2019 with
a condition to appear before the respondent police daily twice at 10.00
a.m. and 5.00 p.m. until further orders. Accordingly, the petitioner was
complying with the condition from 10.01.2019 to 20.01.2019. However,
on 21.01.2019 when the petitioner came to the respondent police to
report, the defacto complainant assaulted the petitioner with a wooden
log thereby the petitioner was admitted in the Government Hospital,
Tiruppur and could not comply with the condition from 21.01.2019. In
such circumstances, the petitioner filed a petition in Crl.M.P. No.127 of
2019 to relax the condition before the Learned Sessions Judge, Tiruppur
and the same was modified to the extent that the petitioner was directed
to appear before the learned Sessions Judge daily at 10.30 a.m. Due to
daily appearance before the learned Sessions Judge, the routine life of the
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petitioner is highly affected merely for the matrimonial dispute.
Accordingly, prays for appropriate relief.
4.Considering the above facts and circumstances of the case, the
condition imposed on the petitioner by the learned Principal Sessions
Judge, Tiruppur in Crl.M.P.No.127 of 2019 by an order dated 31.01.2019
is totally relaxed.
12.03.2019
kas
Speaking Order/Non-Speaking Order
Index : Yes/No
Internet : Yes/No
To
1.The Principal Sessions Judge
Tiruppur
2.The Inspector of Police
South All Women Police Station
Tiruppur
(Crime No.12/2018)
3.The Public Prosecutor
High Court of Madras
http://www.judis.nic.in
G.K.ILANTHIRAIYAN, J.
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kas
Crl.O.P.No.6510 of 2019
12.03.2019
http://www.judis.nic.in
