Stalin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Seventeenth day of November Two Thousand and Sixteen PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU and The Hon`ble Mr.Justice M.V.MURALIDARAN CRL A(MD) No.250 of 2016 STALIN ...APPELLANT/ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE MADUKKUR POLICE STATION, THANJAVUR DISTRICT, CR NO. 206/2009. ... RESPONDENT/COMPLAINANT. Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, preferred against the Judgement and Conviction dated 26.02.2016 by the learned III Additional District and Sessions Judge, Pattukottai in S.C.No. 71 of 2014 and acquit the appellant. Order: This Criminal Appeal case coming on for hearing on this day, upon perusing the grounds of Appeal and proceedings before the Court of Sessions and upon hearing the arguments of M/S.N.ANANDAKUMAR, Advocate for the Appellant/Accused No.I, and of MR.K.S.DURAI PANDIAN, Additional Public Prosecutor, on behalf of the Respondent, it is orders as follows:- (i) that, the Criminal Appeal petition be and hereby is allowed;

(ii) that the order of Judgement and Conviction dated 26.02.2016 by the learned III Additional District and Sessions Judge, Pattukottai in S.C.No.71 of 2014 be and hereby set aside. (iii) that SC NO. 71 of 2014, on the file of the learned III Additional District and Sessions Judge, Pattukottai is remanded back to the Trial Court for fresh disposal in accordance with law. iv) that the first accused was on bail during the period of trial he is ordered to be released on bail pending disposal of SC No. 71/2014, subject to the following conditions; the Appellant/Accused No.I is directed to be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction of the Trial Court, Third Additional District and Sessions Judge, Pattukottai.

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(v)that the subject to a further condition that he shall report before the said Court, on all the hearing dates, till the disposal of SC No. 71 of 2014.

(vi) that the Superintendent of Central Prison, Tiruchirappalli be and hereby is directed to release the Appellant/1st Petitioner/1st Accused forthwith.

(Detailed Judgement will follow) Sd/- Assistant Registrar(Records) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE,PATTUKOTTAI. 2 DO THRO THE PRINCIPAL DISTRICT SESSIONS JUDGE,PATTUKOTTAI. 3 THE JUDICIAL MAGISTRATE,PATTUKOTTAI.

4 DO THRO THE CHIEF JUDICIAL MAGISTRATE,PATTUKOTTAI. 5 THE SUPERINTENDENT OF CENTRAL PRISON, TRICHY. 6 THE INSPECTOR OF POLICE, MADUKKUR POLICE STATION, THANJAVUR DISTRICT, 7 THE COMMISSIONER OF POLICE, THANJAVUR.

8 THE DISTRICT COLLECTOR, THANAJVUR.

9 THE DIRECTOR GENERAL OF POLICE, CHENNAI.

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

COPY TO: THE SECTION OFFICER, CRIMINAL SECTION/RECORD, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER DATE : 17/11/2016 ADVANCE ORDER CRL A(MD) No.250 of 2016 Giving direction as stated within etc., https://hcservices.ecourts.gov.in/hcservices/ AM/SS3/AR CS-2/21.11.2016/2P/12C