Madras High CourtCRL A(MD)/322/2017dismissed as abated

Palani v. The Inspector Of Police

2019-04-03Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

BAIL SLIP Palani, Male, Aged 43 Years, S/o. Ramalinga Nadar is the sole Accused is released on bail vide court dated 11.09.2017 in Crl.MP (MD)No.7509 of 2017 in CRL A(MD)No.322 of 2017. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.A.(MD) No.322 of 2017 Palani ... Appellant / A1 -vsState represented by Inspector of Police Eraniel Police Station Eraniel Kanniyakumari District ... Respondent / Complainant (Crime No.834 of 2011) PRAYER: Appeal filed under Section 374(2) of the Code of Criminal Procedure, to set aside the judgment and conviction dated 24.08.2016 passed by the learned Sessions Judge, Mahila Fast Track Court, Nagercoil, Kanniyakumari District in S.C.No.09 of 2013 and acquit the appellant.

For Appellant : Mr.N.Pragalathan For Respondent : Mr.M.Chandrasekaran Additional Public Prosecutor

J U D G M E N T

[Judgment of the Court was made by B.PUGALENDHI, J.] Challenging the conviction and sentence imposed by the Trial Court in S.C.No.9 of 2013, dated 24.08.2016, Palani (A1) has preferred the present appeal.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor represented that Palani (A1) died on 26.02.2019 and submitted a copy of his death certificate. The learned counsel on record for Palani (A1) affirmed the same. https://hcservices.ecourts.gov.in/hcservices/

3. The relatives of Palani (A1) have not chosen to file any application under Section 394 Cr.P.C., for continuing with the appeal before the expiry of 30 days from the date of his death.

4. The learned counsel for Palani (A1) submitted that he had informed the relatives of Palani (A1) about their right to continue with the appeal, but, they have expressed their unwillingness for it.

5. In view of the above, this Criminal Appeal is closed as abated.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) krk To:

1.The Sessions Judge, Mahila Fast Track Court, Nagercoil, Kanniyakumari.

2.The Inspector of Police, Eraniel Police Station, Eraniel, Kanniyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The Record Keeper, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 copies) Crl.A.(MD) No.322 of 2017 03.04.2019 TR (26.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/