Thangadurai v. The State By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.1407 of 2024 1.Thangadurai 2.Semmalai 3.Gopi 4.Palanisamy @ Nagesh 5.Sakthivel 6.Chinraj 7.Manikandan 8.Sudhakar 9.Hitler 10.Madesh .....
Petitioners Vs State Rep by The Inspector of Police, Mecheri Police Station, Salem District.
Crime No.607 of 2012 .....
Respondent Prayer : Criminal Miscellaneous Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to relax the condition that the petitioners shall appear before the trial Court on the first working day of
every English Calendar month at 10.30 a.m., until the disposal of the appeal to be passed in Crl.M.P.No.16030 of 2024 in Crl.A.No.1407 of 2024 dated 02.12.2024.
For Petitioners : Mr.M.A.Udayashankar For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor
ORDER
This Criminal Miscellaneous Petition has been filed seeking relaxation of the condition imposed by this Court in Crl.M.P.No. 16030 of 2024 in Crl.A.No.1407 of 2024 on 02.12.2024.
2.
The case of the prosecution is that on 06.10.2012 at about 8.45 p.m., a dispute arose between two groups belonging to the same village regarding the management of a local temple. Due to the said dispute, the accused persons, including the petitioners, allegedly attacked the deceased, who belonged to the rival group. As a result of the brutal assault, the deceased sustained serious injuries and later succumbed to them in the hospital.
3.
The petitioners were prosecuted for serious offences including
murder and the Trial Court, after considering the evidence in its entirety, convicted the accused. Upon filing of the Criminal Appeal, certain conditions were imposed for suspension of sentence. 4.
The present petition was filed seeking relaxation of the imposed conditions. However, considering the gravity of the offence, the serious nature of the group clash and the fact that it resulted in the death of an individual, the Court found no grounds to relax the conditions imposed earlier. Hence, this Court is not inclined to grant any relaxation. 5.
Accordingly, this Criminal Miscellaneous Petition stands dismissed.
12.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Additional District and Sessions Judge, Fast Track Court, Mettur.
2.The Inspector of Police, Mecheri Police Station,
Salem District.
3.The Public Prosecutor, High Court of Madras, Chennai.
G.K.ILANTHIRAIYAN, J.
Lpp 12.06.2025