Elumalai, M/A 65 Years, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Fourth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr Justice R. SURESH KUMAR CRIMINAL MISCELLANEOUS PETITION No.11078 of 2017 IN CRL A.696/2016 ELUMALAI [ PETITIONER ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] VEERANAM POLICE STATION, SALEM DISTRICT CR.NO.8 OF 2012.
Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition imposed by this Honble Court in the order dated 16.09.2016 in Crl.M.P.No.9794 of 2016 in C.A.No.695 of 2016.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.R.NALLIYAPPAN, Advocate for the petitioner and of MR. R.SEKAR, Govt. Advocate ( Crl. Side)on behalf of the Respondent the court made the following order:- This petition has been filed to relax the condition imposed against the petitioner by this Court in order dated 16.09.2016 in Crl.M.P.No.9794 of 2016 in C.A.No.695 of 2016.
2. This Court by an order dated 16.09.2016, while suspending the sentence imposed against the petitioner, has imposed a condition that the petitioner shall appear before the trial Court on the first working day of every English calender month at 11.00 a.m. till the disposal of the criminal appeal.
3. However, by filing this petition, the learned counsel appearing for the petitioner would submit that from the date of the order i.e., 16.09.2016, the petitioner has been complying with the order scrupulously without fail on every month for about a year. Hence, considering the said compliance, the said condition imposed by this Court can be relaxed.
4. I have heard Mr.R.Sekar, learned Government Advocate (Crl.Side) appearing for the respondent. He would also submit that the petitioner has been complying with the said condition till date.
5. In view of the said factual position that the petitioner has complied with the order dated 16.09.2016 till date without fail, this Court is of the view that, at this juncture, the said condition can be relaxed. Accordingly, this petition is ordered and the said condition imposed by this Court by order dated 16.09.2016 directing him to appear before the trial Court on the first working day of every English calender month at 11.a.m. till disposal of the criminal appeal is hereby relaxed.
-sd/- 04/09/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE SESSIONS JUDGE, MAHALIR NEETHIMANDRAM(MAHILA COURT) SALEM.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, VEERANAM POLICE STATION, SALEM DISTRICT.
C.C. to M/S.R.NALLIYAPPAN Advocate on payment of necessary charges Sr.16908 Order in CRL MP.11078/2017 in CRL A.696/2016 Date :04/09/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format rvr 14/09/2017