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Madras High CourtCRL MP(MD)/5646/2019ordered

Neelamegam@Kathir@Vinayak v. The Inspector Of Police

2019-06-26Honourable Mr Justice P. Rajamanickam3 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 26/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL MP(MD). No.5646 of 2019 in CRL OP(MD). No.11269 of 2018 Neelamegam @ kathir @ vinayak, ... Petitioner/Petitioner/ Accused No.4 Vs The State Through The Inspector of Police, Kodaikanal Police Station, Dindigul District Cr No.111/2008.

... Respondent/Respondent/Complainant For Petitioner : Mr.A.Raja, Advocate.

For Respondent : Mrs.M.Anantha Devi, Govt.Advocate (Crl.Side).

PETITION FOR RELAXATION Under Sec.439(1)b of Cr.P.C PRAYER :- To relax the condition imposed in Crl.OP(MD)No.11269 of 2018 dated 18.07.2018 on the petitioner in the above said case. ORDER : The Court Made the following order :- The petition has been filed to relax the condition imposed on the petitioner in CRL OP(MD) No.11269 of 2018.

2. The learned counsel for the petitioner submitted that the this Court by an order dated 18.07.2018 in Crl.O.P(MD) No.11269 of 2019, directed the trial court to expedite the trial and concluded within a period of six months from the date of receipt of a copy of this Order. However no progress has been made in this case and subsequently time was extended for a further period of six months to complete the trial in S.C.No.339 of 2016 with a period of six months from the date of receipt of a copy of this order vide order

dated 14.02.2019 in Crl.O.P(MD) No.11269 of 2018. He would further submit that the petitioner is complying the condition for the six months daily at 10.30a.m without any deviation. Hence he seeks to modify the above condition.

3. The learned Government Advocate (Crl. Side) submitted that the offence committed by the petitioner is serious one and if the condition imposed on the petitioner is relaxed, he may abscond and there will not be any progress in the trial. Hence she opposed to relax the condition.

4. Taking into consideration the fact that the petitioner is complying with the condition regularly and there is no complaint of the petitioner tampering with the witnesses, the condition imposed by this court in CRL OP(MD) No.11269 of 2018 on 18/07/2018 is modified to the effect that the petitioner shall report before the respondent police on every Monday at 10.30 a.m until further orders. sd/- 26/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KODAIKANAL.

2.THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3.THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

4.THE INSPECTOR OF POLICE, SUBRAMANIAPURAM POLICE STATION, MADURAI 5.THE SUPERINTENDENT, CENTRAL PRISON, TRICHIRAPPALLI.

6.THE SUPERINDENTENT, CENTRAL PRISON, SALEM.

7.THE SUPERINTENDENT OF POLICE, MADURAI RURAL.

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

+1 CC to Mr.A.RAJA, Advocate ( SR-10548[I] dated 27/06/2019 )

ORDER

IN CRL MP(MD) No.5646 of 2019 IN CRL OP(MD) No.11269 of 2018 Date :26/06/2019 aav AE/PN/SAR-III (02.07.2019) 3P 10C