Madras High CourtCRL MP(MD)/1160/2017ordered

Shanmugam v. The Inspector Of Police

2017-02-14Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) Nos.1160 and 411 of 2017 IN CRL OP(MD) No.19938 of 2016 1 SHANMUGAM 2 SENGUTTUVAN 3 VIMALATHIAN ... PETITIONERS/PETITIONERS IN BOTH THE PETITIONS Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ORATHANADU POLICE STATION, THANJAVUR DISTRICT, CRIME NO. 568 OF 2016. ... RESPONDENTS/RESPONDENTS IN BOTH THE PETITIONS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Condone the absence of the Petitioners from 13.01.2017 in abiding conditions to appear before the Learned Magistrate as per the order of this Honourable Court imposed in Crl. M. P. NO. 12521 of 2016 in Crl. O. P. No. 19930 of 2016 dated 23.12.2016 and pass such other or orders as may deem fit as to the circumstances of the case.

Prayer in CRL MP(MD). 411/ 2017 :

To relax the conditions imposed in Crl M.P.No.12521 of 2016 in Crl O.P.No.19930 of 2016 dated 23.12.2016.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.T.A.EBENEZER, Advocate for the petitioner and of MR.P.KANDASAMY, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- Heard both sides.

2. The report received from the learned District Munsif-cumJudicial Magistrate, Orathanadu(FAC), dated 25.01.2017, reveals the fact that the petitioners appeared before the concerned Court for compliance from 07.01.2017 onwards. But, the petitioners absented on 12.01.2017. Hence, Crl.M.P(MD)No.1160 of 2017 was filed by the https://hcservices.ecourts.gov.in/hcservices/

petitioners. This Court, vide order dated 07.02.2017 directed the petitioners to pay a sum of Rs.800/- (Rupees Eight Hundred Only), each to the High Court Legal Services Authority attached to this Bench on or before 10.02.2017 and that amount was paid by the petitioners herein and proof of compliance is also filed. Accordingly, Crl.M.P(MD)No.1160 of 2017 is ordered.

3. Consequently, the condition imposed on the petitioners is totally relaxed. Accordingly, Crl.M.P(MD)No.411 of 2017, is allowed.

sd/- 14/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE ORATHANADU POLICE STATION, THANJAVUR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE OFFICER INCHARGE LEGAL SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.T.A.EBENEZER Advocate SR.No.8433

ORDER

IN CRL MP(MD) No.1160 and 411 of 2017 of 2017 IN CRL OP(MD) No.19938 of 2016 Date :14/02/2017 SMA/SV-MMS/SAR-1/16.02.2017:2P/7C https://hcservices.ecourts.gov.in/hcservices/