1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.03.2011 Coram: THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.RC.(MD).Nos.187 & 188 of 2011 S.M.Ummu Saleema .. Petitioner/Accused No.4 in Crl.RC(MD)No.187 of 2011 S.I.Mohammed Abdul Kadher ..Petitioner/Accused No.3 in Crl.RC(MD)No.188 of 2011 Vs. The State Rep. by The Deputy Superintendent of Police, Vigilance and Anti Corruption, Thoothukudi. (Crime No.8 of 2002) .. Respondents/Complainant in Both Cr.Rcs. Prayer: Criminal Revision Petitions filed under Section 397 r/w 401 of Criminal Procedure Code to call for the entire records pertaining to the order passed by the learned Chief Judicial Magistrate, Thoothukudi in Cr.M.P.Nos.184 and 187 of 2011 respectively, vide his order dated 25.02.2011 in so far as its related to the imposition of condition i.e "the petitioner should appear before the Trial Court daily at 10.00 a.m. on all working days until further orders" and to set aside the said condition. For Petitioner : Mr.R.Anand in both Crl.Rcs. For Respondent : Mr.R.M.Anbunithi in both Crl.Rcs. Govt. Advocate (Crl. side) ORDER These revisions arise against the order of the learned Chief Judicial Magistrate, Thoothukudi in Cr.M.P.Nos.184 and 187 of 2011 in Special Case No.6 of 2003, dated 25.02.2011. 2. The petitioners in both petitions, husband and wife/ third and fourth accused in the case suffered the issuance of Non Bailable Warrant against them owing to their non-appearance before the lower Court on 21.02.2011. Petitions under Section 70(2) Cr.P.C. were moved as early as on 25.02.2011, when it was informed that the petitioners could not attend the lower Court on 21.02.2011 owing to the illness of the petitioner in Crl.R.C.No.187 of 2011, who is the wife of the petitioner in Crl.R.C.No.188 of 2011. The lower Court has under orders of 25.02.2011 recalled the non bailable warrants issued by it and imposed the condition that the petitioners stood appear before it daily at 10.00 a.m. on all working days until further orders. These revisions challenge the condition imposed. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The revision petitioners inform of a boycott at the instance of advocates at Thoothukudi and such as the reason why petition under Section 317 Cr.P.C. could not be moved on the petitioners’ behalf on 21.02.2011. If this is factually correct, then the least to be expected of the lower Court is a practical consideration of the prevalent situation. Adoption of such practical consideration would have deterred it from leaning so heavily upon the petitioners and in refraining from imposing the condition it has. The order of the lower Court imposing condition upon the petitioners to appear before the Trial Court daily at 10.00 a.m. until further order is set aside. Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The Chief Judicial Magistrate, Thoothukudi. 2.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Thoothukudi. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. vsm akm/18.03.11 /2p-4c/ Crl.RC.(MD).Nos.187 and 188 of 2011 03.03.2011 https://hcservices.ecourts.gov.in/hcservices/