Saravanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and The Hon`ble Mr.Justice G.ILANGOVAN IN CRL A(MD) No.247 of 2020 1 SARAVANAN 2 SATHEESH 3 SANKARMANI ... APPELLANTS/ ACCUSED NO.1,4 & 5 - VsSTATE REP.BY THE INSPECTOR OF POLICE LALPETTAI POLICE STATION, CRIME NO.359 of 2017 ... RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition as imposed in Crl.M.P(MD).No.3937 of 2020 in Crl.A.(MD).No.247 of 2020 dated 26.11.2020 instead of producing blood sureties to accept relatives sureties and pass appropriate order or orders as this Hon'ble Court.
Prayer in Crl.M.P(MD).No.3937 of 2020 To suspend the sentence imposed by the Learned Sessions Judge / Fast Track Mahila Court, Karur in S.C.No.35 of 2018 dated 02/07/2020 and enlarge the Appellants /Accused No.1,4 and 5 on bail pending disposal of the above Said criminal appeal.
PRAYER IN CRL A(MD) No.247 of 2020:
To call for the records and set aside the sentence and conviction imposed in S.C.No.35 of 2018 on the file of the learned Additional Sessions Judge/ Fast Track Mahila Court, Karur vide judgment dated 02.07.2020.
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.S.M.A.JINNAH, Advocate for the petitioners and of Mr.R.ANANDHARAJ, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- 1/3
[Order of the Court was made by K.KALYANASUNDARAM, J.] This miscellaneous petition is filed seeking to modify the condition as imposed in Crl.M.P(MD)No.3937 of 2020 in Crl.A(MD) No.247 of 2020 dated 26.11.2020 instead of producing blood sureties, to accept the relatives sureties.
2.While granting suspension of sentence to the petitioners on 26.11.2020, this Court imposed condition to furnish sureties, in which, one should be a blood related surety.
3.It is the submission of the learned counsel for the petitioners Mr.SMA.Jinnah that all the petitioners are brothers and their parents passed away long back. When the petitioners' wives and relatives were ready to furnish sureties, it was not accepted by the learned Judicial Magistrate and hence, he seeks modification. 4.The learned Additional Public Prosecutor Mr.R.Anandharaj has no serious objection to modify the condition.
5. Considering the above said submission, this Court is inclined to modify the condition. Accordingly, the condition imposed in the order dated 26.11.2020 is modified permitting the petitioners to furnish sureties to the satisfaction of the Judicial Magistrate.
sd/- 05/02/2021 / 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 ADDITIONAL SESSIONS JUDGE / FAST TRACK MAHILA COURT, KARUR.
2. THE JUDICIAL MAGISTRATE NO.I, KULITHALAI.
3. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, 2/3
4. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.
5. THE INSPECTOR OF POLICE LALPETTAI POLICE STATION,
6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN CRL A(MD) No.247 of 2020 Date :05/02/2021 skn MS/VR/SAR-1/09.02.2021/3P.7C 3/3