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Madras High CourtCRL MP/12867/2016delay condoned

Anbu, M/23 (2011) v. The State Of Tamilnadu Rep.By

2016-11-30Honourable Mr Justice M. Venugopal3 pages

Crl.M.P.No.12867 of 2016 in Crl.A.Sr.No.50647 of 2016 M.VENUGOPAL, J.

Heard Mr.A.M.Ayyadurai, Learned Counsel for the Petitioner/ Appellant and Ms.M.F.Shabana, Learned Government Advocate (Crl.Side) for the Respondent.

2.According to the Petitioner/Appellant/Accused, there is a delay of 30 days in preferring the instant Criminal Appeal in Sr.No.50647 of 2016 as against the Judgment dated 30.08.2016 in S.C.No.2 of 2012 passed by the Learned Principal District Sessions Judge, Tiruvellore.

3.It comes to be known that the Petitioner/Appellant/Accused was sentenced to undergo ten years Rigorous Imprisonment and levied with a fine of Rs.6,000/-. It appears that he had not paid the fine amount in time. The plea taken on his behalf before this Court is that he is the only breadwinner of his family and now he was able to manage and deposit the fine amount. In this process, there has occasioned a delay of 30 days in preferring the present Appeal, which is neither willful nor wanton, but due to the aforesaid reasons.

M.VENUGOPAL.J, Sgl 4.This Court, on being subjectively satisfied as to the reasons assigned by the Petitioner/Appellant/Accused at para 3 of his Affidavit in Crl.M.P.No.12867 of 2016, by taking a lenient and liberal view, allows the Condonation of Delay Petition, subject to a condition that the Petitioner/Appellant/Accused shall pay a sum of Rs.500/-(Rupees Five Hundred Only) as costs to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, on or before 14.12.2016, failing which, it is made clear that the Petition shall stand dismissed automatically without any further reference to this Court.

5.In fine, the Crl.M.P.No.12867 of 2016 is ordered, in above terms.

30.11.2016 Index : Yes / No Internet : Yes / No Sgl Crl.M.P.No.12867 of 2016 in Crl.A.Sr.No.50647 of 2016

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