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Madras High CourtCRL MP(MD)/531/2021ordered

Veerabathran v. The Inspector Of Police

2021-01-27Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.531 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of January Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.531 of 2021 IN CRL A(MD)No.139 of 2020 VEERABATHRAN ... APPELLANT/ACCUSED No.13 Vs STATE THROUGH, THE INSPECTOR OF POLICE, THIRUPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO. 124 OF 2010 ... RESPONDENT/COMPLAINANT 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 upon the petitioner while granting suspense of sentence in Crl.M.P.(MD)No.2594 of 2020 in Crl.A(MD) No.139 of 2020 dated 27.07.2020 that the petitioner shall stay at Madurai and appear before the Learned Judicial Magistrate, Manamaurai at 10.30 am on the first working day of every English Calendar month until further orders.

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.M.SUBASH BABU, Advocate for the petitioner and of Mr.R.ANANDHARAJ, Additional Public Prosecutor on behalf of the Respondent, the Court made the following order:- [Order of the Court was made by K.KALYANASUNDARAM, J.] While suspending the sentence of the petitioner, this Court, by Order dated 27.07.2020, directed him to reside at Madurai and report before the learned Judicial Magistrate, Manamadurai, on the first working day of every English Calender Month, at 10.30 a.m. and he was also directed not to enter the jurisdiction of the respondent Police.

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CRL MP(MD) No.531 of 2021

2. It is the submission of Mr.M.Subash Babu, learned counsel for the petitioner, that the petitioner is an agriculturist and he has to do his cultivation works and he is the sole breadwinner of the family.

3. Mr.R.Anandharaj, learned Additional Public Prosecutor for the State, would submit that the petitioner has been complying with the above conditions for the past six months. It is also stated that the prosecution witnesses in this case were accused in a triple murder case and there is a possibility of retaliation.

4. However, considering the facts and circumstances of the case, we are inclined to modify the condition Nos.iii and iv imposed vide Order dated 27.07.2020 to the effect that the petitioner shall report before the learned Judicial Magistrate, Manamadurai, on the first working day of every English Calender Month, at 10.30 a.m., until further orders.

sd/- 27/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 PRINCIPAL SESSIONS JUDGE, SIVAGANGAI.

2.THE JUDICIAL MAGISTRATE, MANAMADURAI 3.DO THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

4.THE INSPECTOR OF POLICE, THIRUPACHETHI POLICE STATION, SIVAGANGAI DISTRICT. 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.M.SUBASH BABU, Advocate SR.No.505 ORDER IN CRL MP(MD) No.531 of 2021 IN CRL A(MD)No.139 of 2020 Date :27/01/2021 KRK PK/JC/SAR-II/03.02.2021 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2