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Madras High CourtCRL MP(MD)/346/2021ordered

Ravi v. The Inspector Of Police

2021-01-25Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI in CRL RC(MD)No.21 of 2019 RAVI ... PETITIONER/PETITIONER/ PETITIONER/ PETITIONER/ PETITIONER Vs STATE THROUGH THE INSPECTOR OF POLICE, NESAMONY NAGAR POLICE STATION, TRAFFIC INVESTIGATION WING, NAGERCOIL, KANYAKUMARI DISTRICT.

CRIME NO.53 OF 2005 ... RESPONDENT/RESPONDENT/ RESPONDENT/ RESPONDENT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition imposed in Crl.M.P.(MD)No. 8908 of 2019 in Cr.M.P.(MD)NO.4925 of 2019 in Crl. M.P.(MD)No. 1086 of 2019 in Crl.R.C.(MD)No.21 of 2019 dated 14.11.2019 and thus render justice.

PRAYER IN CRL MP(MD)No.8908 of 2019 in CRL RC(MD)No.21 of 2019: Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the condition imposed in Crl.MP.(MD) No.4925/2019 in Crl.MP (MD) No.1086/2019 in Crl.RC (MD) No.21/2019 dated 10.06.2019. PRAYER IN CRL MP(MD)No.4925 of 2019 in CRL RC(MD)No.21 of 2019: Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition to the effect that the petitioner shall appear before the Judicial Magistrate No.III, Nagercoil on every Tuesday, instead of appearing before the Judicial Magistrate Court No.III, Nagercoil on every First Working day of the week i.e., every Monday imposed in Crl.MP(MD)No.1086 of 2019 in Crl.RC(MD)No.21 of 2019 dated 18.02.2019 pending disposal of the appeal. 1/3

PRAYER IN CRL MP(MD)No.1086 of 2019 in CRL RC(MD)No.21 of 2019: To suspend the sentence imposed upon the petitioner passed by the Learned Judicial Magistrate Court No.III, Nagercoil in C.C.No.111/2015 dated 14/06/2012 modified by the Judgement passed by the Learned Additional District and Sessions Judge, Kanyakumari District at Nagercoil in Crl.A.No.136/2008 dated 26/07/2018 pending disposal of the Crl.R.C.

PRAYER IN CRL RC(MD)No.21 of 2019:

Pleased to call for the records of the Additional District and Sessions Judge, Kanyakumari at Nagercoil in CRL A.No.136 of 2006 dated 26.07.2018 confirmed the conviction and modifying the sentence of imprisonment imposed on the petitioner by the Learned Judicial Magistrate Court No.III, Nagercoil in C.C.No.111 of 2005 dated 14.06.2012 and set aside the same by allowing this Revision Petition.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.P.T.RAMESH RAJA, Advocate for the petitioner and of M/S.S.BHARATHI, Government Advocate on behalf of the Respondent, the court made the following order:- The petitioners filed this petition for relaxing the bail condition imposed by this Court on the petitioner in Crl.M.P.(MD) No.8908 of 2019 in Crl.M.P.(MD) No.4925 of 2019 in Crl.M.P.(MD) No.1086 of 2019 in Crl.R.C.(MD)No.21 of 2019 dated 14.11.2019.

2. The learned counsel for the petitioner submitted that the petitioner is abiding the condition imposed by this Court without any deviation and prayed the condition to be relaxed.

3. The learned Government Advocate fairly admitted that the petitioner is complying with the condition regularly, except during the lock down period.

4. In view of the above submissions, the condition already imposed on the petitioner is relaxed and the petitioner is directed to appear before the lower Court as and when required by the Court.

5. Accordingly, this petition is allowed.

sd/- 25/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note :In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1.THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, KANYAKUMARI DISTRICT AT NAGERCOIL.

2.THE JUDICIAL MAGISTRATE NO III, NAGERCOIL.

3.THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 4.THE INSPECTOR OF POLICE, NESAMONY NAGAR POLICE STATION, TRAFFIC INVESTIGATION WING, NAGERCOIL, KANYAKUMARI DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.P.T.RAMESH RAJA Advocate SR.No.432

ORDER

IN in CRL RC(MD)No.21 of 2019 Date :25/01/2021 LS TK/VR/SAR.1/02.02.2021/3P/7C 3/3