Madras High CourtCRL A(MD)/142/2016allowed

Manikandan v. The Inspector Of Police

2016-06-16Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL A(MD) No.142 of 2016 MANIKANDAN ..APPELLANT/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT.

CR.NO.215/2011 ..RESPONDENT/COMPLAINANT Criminal Appeal under Section 374(2) Cr.PC., against to set aside the judgment and conviction dated 13.04.2016 by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Neethimandram), Thanjavur in S.C.No.226 of 2013 and acquit the appellant.

Order : This Appeal coming on for hearing on this day and upon hearing the arguments of M/S.S.RAJAPRABU, Advocate for the appellant and of Mr.P.KANDASAMY, Government Advocate (Crl.Side) on behalf of the state, and having stood over for consideration to this day, it is ordered as follows:- i)that the Criminal Appeal be and hereby is allowed; ii)that the conviction and sentence imposed on the appellant/accused under Section 306 IPC., by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Neethimandram), Thanjavur dated 13.04.2016 in S.C.No.226 of 2013 be and hereby is set aside;

iii)that the appellant/sole accused namely Manikandan, S/o.Thirunavukkarasu, be and hereby is acquitted of all the charges levelled against him by the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Neethimandram), Thanjavur. iv)that the Superintendent, Central Prison, Trichy, be and hereby is directed to release the appellant forthwith, unless be is required in connection with any other case.

v)that the fine amount if any shall be refunded to the appellant/accused.

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

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TO 1 THE SESSIONS JUDGE, MAHILA NEETHIMANDRAM (FAST TRACK MAHILA NEETHIMANDRAM), THANJAVUR. 2 -do-thro' THE PRINCIPAL DISTRICT JUDGE, THANJAVUR. 3 THE II ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KUMBAKONAM.

4 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,THANJAVUR AT KUMBAKONAM. 5 THE INSPECTOR OF POLICE, THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT.

6 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 7 THE COMMISSIONER OF POLICE, THANJAVUR.

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

ORDER DATED : 16.06.2016 DETAILED JUDGMENT WILL FOLLOW ADVANCE ORDER CRL A(MD) No.142 of 2016 Allowing the Crl.A.No.142 of 2016 by setting aside the judgment and conviction in SC.No.226 of 2013 by the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Neethimandram), Thanjavur etc, as stated within.

PBK/GSV-PM/SAR-II 16/06/2016 ::2P-9C::

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