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Madras High CourtCRL MP/18875/2019modified

Muralikrishnan v. State, Represented By

2019-12-19Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of December Two Thousand Nineteen PRESENT The Hon`ble Mr Justice R. MAHADEVAN CRIMINAL MISCELLANEOUS PETITION NO.18875 OF 2019 IN CRL.RC.NO.1052 OF 2019 MURALIKRISHNAN [ PETITIONER ] Vs STATE, REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE, KORADACHERRI POLICE STATION, KORADACHERRI, TIRUVARUR DISTRICT, (CRIME NO.263/2010).

Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition of reporting before the Trial Court vide order dated 17.09.2018 made in Crl.M.P.No.12323 of 2018 in Crl.R.C.No.1052 of 2018 pending disposal of this revision Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. N.S.SIVAKUMAR, Advocate for the petitioner and of MR.K.PRABAKAR, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- The present Miscellaneous Petition is filed to relax the condition of reporting before the trial court at 10.30 a.m. on the first working day of every month imposed by this Court in Crl.M.P.No.12323/2018 in Crl.R.C.No.1052/2018 dated 17.09.2018. 2.

The learned Counsel appearing for the petitioner submitted that while admitting the Criminal Revision, this Court suspended the substantive sentence of imprisonment alone thereby imposing one of the conditions to the effect that the petitioner shall appear before the trial court at 10.30 a.m. on the first working day of every month, pending revision. He further submitted that the said condition could not be complied with by the petitioner due to his poor health condition. Therefore, the learned Counsel seeks to relax the said condition.

3.The learned Additional Public Prosecutor appearing for the respondent has refuted the reason so stated by the learned counsel for the petitioner, with regard to non-compliance of the condition imposed by this Court.

4.Added to the above submission made by the learned Additional Public Prosecutor, it is also seen that no document was produced to substantiate the contention of the learned counsel for the petitioner.

5.In such circumstances, this Court is not inclined to grant the relief as sought for by the petitioner, as such callous attitude on the part of the petitioner cannot be countenanced. Hence, this Court deems it fit to modify the condition to the effect that the petitioner/appellant shall appear before the trial court at 10.30 a.m. everyday until further orders, without fail. 6.With the aforesaid modification, this petition stands dismissed.

-sd/- 19/12/2019 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 JUDICIAL MAGISTRATE, TIRUVARUR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR [FOR INFORMATION] 3 THE DISTRICT AND SESSIONS JUDGE, TIRUVARUR.

4 THE INSPECTOR OF POLICE, KORADACHERRI POLICE STATION, KORADACHERRI, TIRUVARUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1C.C. to M/S. N.S.SIVAKUMAR Advocate on payment of necessary charges SR NO.26169 Order in CRL MP.18875/2019 in CRL RC.1052/2019 Date :19/12/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:27/12/2019