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Madras High CourtCRL MP(MD)/1700/2018dismissed

R. Vaithiyanathan v. The Inspector Of Police

2018-03-12Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.1700 AND 1701 of 2018 IN CRL OP(MD) No.2070 of 2018 R. VAITHIYANATHAN ... PETITIONER/PETITONER IN BOTH THE PETITONS Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT.

IN CR.NO. 334/2017 ... RESPONDENT/RESPONDENT IN BOTH THE PETITONS PRAYER IN CRL MP(MD)NO.1700/2018 IN CRL OP(MD)NO.2070/2018: Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition imposed by this Honourable Court In Crl.OP(MD)No. 2070/2018 dated 09.02.2018.

Prayer in CRL MP(MD). 1701/ 2018 IN CRL OP(MD)NO.2070/2018: To extend the time granted in Crl.OP(MD)No.2070/2018 dated 09.02.2018.

Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.K.ARUNRAJ, Advocate for the petitioner in both the petitions and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) for the Respondent in both the petitions the court made the following order:- These petitions have been filed to relax the condition and to extend the time granted in Crl.O.P.(MD)No.2070 of 2018, dated 09.02.2018.

2.Heard the learned counsel appearing for the petitioner.

3. The learned Government Advocate (Criminal Side) appearing for the State submitted that the investigation is not yet completed.

4. Considering the submission made by the learned counsel appearing for either side, it would appear that in the Athaar card submitted by the petitioner, in which the address was mentioned as https://hcservices.ecourts.gov.in/hcservices/

the petitioner is residing in Trichy. But, on go through the petition mentioned address, he was residing in Madurai. It shows that the petitioner is not approached this Court with clean hands. Thereby, considering the nature of offence committed by the petitioner, this Court is not inclined to allow these petitions. Hence, the Crl.M.P.(MD).Nos.1700 and 1702 of 2018 in Crl.O.P.(MD). No.2070 of 2018 are dismissed.

sd/- 12/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ILLAYANKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/CM/VR/SAR-2-16.3.18-2P-5C

ORDER

IN CRL MP(MD) No.1700 & 1701 of 2018 IN CRL OP(MD) No.2070 of 2018 Date :12/03/2018 https://hcservices.ecourts.gov.in/hcservices/