Kathiravan @ Kathir v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.M.P.No.4421 of 2025 in Crl.A.No.590 of 2024 Kathiravan @ Kathir ... Petitioner Vs.

State rep. by Inspector of Police E-5 Pattinapakkam Police Station Chennai (Crime No.833 of 2013) ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 528 of B.N.S.S. to relax the condition shall appear before the respondent police weekly once, first working day of every week at 10.30 a.m. until further orders imposed by this Court dated 05.06.2024 in Crl.M.P.No.7770 of 2024 in Crl.A.No.590 of 2024.

For Petitioner : Mr.V.Karthick For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor 1/5

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner/accused to relax the condition that "the petitioner shall appear before the respondent police weekly once i.e. first working day of every week at 10.30 a.m. until further orders" imposed by this Court while granting suspension of sentence in Crl.M.P.No.7770 of 2024 in Crl.A.No.590 of 2024 by order dated 05.06.2024.

2. Heard both sides and perused the materials available on record.

3. It is seen that the petitioner has been convicted by the trial Court for the offence under Section 363 of IPC for kidnapping a LKG child aged about 3 1/2 years. Therefore, considering the serious nature of offence, this Court is not inclined to relax the condition imposed by this Court on 05.06.2024 and the petitioner is directed to comply with the said condition till the disposal of the appeal.

4. Accordingly, this Criminal Miscellaneous Petition is dismissed. 2/5

5. Further, it is noted that this Court had already called for report from the trial Court. However, the same has not been received so far.

6. Hence, the Registrar General is directed to take action against the concerned Officer and staff of the trial Court. Further, send a reminder and receive the records on or before 14.03.2025 and if the records are not produced on or before 14.03.2025, the concerned Officer and staff of the trial Court are directed to be suspended and by entrusting other officer/staff, find out the records and receive the same.

7. After receiving the records, Registry is directed to prepare the typed set of papers without any further delay, serve the copies on both side counsel well in advance and list the matter on 07.04.2025. 11.03.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The XXI Additional Sessions Court, Allikulam, Chennai

2. Inspector of Police E-5 Pattinapakkam Police Station Chennai

3. The Public Prosecutor High Court of Madras Copy To:

The Registrar General High Court of Madras 4/5

P.VELMURUGAN. J.

Ksa-2 Crl.A.No.590 of 2024 11.03.2025 5/5