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Madras High CourtCRL MP(MD)/11720/2017dismissed

Anandan v. Inspector Of Police

2018-03-22Honourable Mrs Justice R. Hemalatha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of March Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.HEMALATHA CRL MP(MD) No.11720 of 2017 IN CRL A(MD) No.125 of 2008 1 ANANDAN 2 GANESAN 3 ARUN 4 PRABHAKARAN ... PETITIONERS/PETITIONERS/ APPELLANTS-ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE THIRUMAYAM POLICE STATION PUDUKKOTTAI DISTRICT IN CRIME NO 13/2007 ... RESPONDENT/RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition imposed in Crl.M.P(MD).No.1/2008 in Crl.A(MD). No.125/2008 dated 06/03/2008 on the file of this Honourable High Court.

Prayer in MP(MD)No.1 of 2008 in CRL A(MD)No.125 of 2008: to suspend the execution of in S.C.No.7 of 2008 dated 18.02.2008 on the file of the learned Additional District and Sessions Judge (Fast Track Court) Pudukkottai enlarge the petitioner/Appellant on bail, till the disposal of the above Crl A (MD)No.125 of 2008.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S D.RAMESHKUMAR, Advocate for the petitioners and of MR.M.ASOKAN, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- The present petition has been filed to relax the condition imposed in Crl.M.P.(MD)No.1 of 2008. The learned Counsel appearing for the accused 1 to 4 sought for relaxation of condition, imposed on all the accused, that the accused should appear before the learned District Munsif cum Judicial Magistrate, Thirumayam, on the first working day of every month at 10:00 a.m., pending disposal of the appeal.

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2.The learned Government Advocate (Crl. Side), contended that only A1 and A3 are complying with the condition imposed by this Court and other accused did not comply with the condition. The accused had already filed a petition before this Court in M.P.(MD) No.1 of 2012 in Crl.A(MD)No.125 of 2008 for relaxation of condition imposed in Crl.M.P.(MD)No.1 of 2008. The said petition was dismissed on 11.10.2012, by this Court. This is the second application to relax the condition.

3.Heard the submissions of Mr.D.Rameshkumar, learned Counsel appearing for the petitioners.

4.It is the contention of the learned Government Advocate (Crl. Side) that the accused did not appear before the concerned Court from January 2018 and a perusal of the report shows that except A1 and A3 other accused have not been regular in appearing before the concerned Court.

5.In the facts and circumstances of the present case, the petition is dismissed and the petitioners are directed to comply with the conditions imposed in Crl.M.P.(MD)No.1 of 2008 in Crl.A. (MD)No.125 of 2008, regularly.

sd/- 22/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUMAYAM 2 THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT 3 THE ADDITIONAL DISTRICT JUDGE CUM SESSIONS JUDGE, FAST TRACK COURT, PUDUKKOTTAI 4 THE PRINCIPAL SESSIONS JUDGE, PUDUKKOTTAI 5 INSPECTOR OF POLICE THIRUMAYAM POLICE STATION , PUDUKKOTTAI DISTRICT 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL MP(MD) No.11720 of 2017 IN CRL A(MD) No.125 of 2008 Date :22/03/2018 SMA/CM/RNB/16.05.2018:2P/7C https://hcservices.ecourts.gov.in/hcservices/