R.Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mr.Justice N.SATHISH KUMAR in Crl.A(MD)No.342 of 2019 R.BALAMURUGAN ... PETITIONER/PETITIONER/ APPELLANT Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, SAWYERPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.113/2016).

... RESPONDENT/RESPONDENT/ COMPLAINANT Petition filed 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. 9904 of 2019 in Crl.A.(MD) No.342 of 2019 dated 26/11/2019 on the file of this Honourable High Court.

Prayer in CRL A(MD).342/2019 :

To call for the records in S.C.237/2017 dated 02.07.2019 on the file of the II Additional District Sessions Judge, Thoothukudi and set aside the same as illegal and set the Appellant at liberty and pass any order or other order this Hon'ble Court. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.S.SAJI BINO, Advocate for M/S.KARNAN G, Advocate for the petitioner and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- (Order of the Court was made by R.SUBRAMANIAN.,J) The petitioner seeks relaxation of the following conditions imposed on him while suspending the sentence. (I) to appear before the IV Additional Sessions Judge, Chennai on every date of hearing in S.C.No.166 of 2011. 1/3

(ii) to appear before the Inspector of Police, Flower Bazaar Police Station, Chennai on every Sunday 11.00 a.m.

2. Mr.S.Saji Bino, learned counsel appearing for the petitioner would submit that it is very difficult for the petitioner to stay at Chennai and report before the Flower Bazaar Police Station, Chennai on every Sunday.

3. While the petitioner is willing to comply with the first condition, namely, to appear before the IV Additional Sessions Judge, Chennai on all working day in S.C.No.166 of 2011, he would seek relaxation of the second condition, namely, to appear before the Flower Bazaar Police Station on every Sunday.

4. Considering the fact that the petitioner is a native of Tuticorin District and also considering the fact that the petitioner has been appearing before the Sessions Court on every hearing for the past, nearly, 2 years, the second condition alone is relaxed and the order dated 26.11.2019 is modified to the effect that the petitioner shall appear before the respondent police on every Sunday at 10.30 a.m., until further orders and the first condition imposed on the petitioner will remain.

5. Accordingly, this petition is ordered.

sd/- 14/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE II ADDITIONAL SESSIONS JUDGE, THOOTHUKUDI.

2. THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI.

3. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

4. THE IV ADDITIONAL SESSIONS JUDGE, CHENNAI.

5. THE INSPECTOR OF POLICE, SAWYERPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

6. THE INSPECTOR OF POLICE, FLOWER BAZAAR POLICE STATION, CHENNAI.

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7. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN in Crl.A(MD)No.342 of 2019 Date :14/02/2022 USK/JM/SAR-III/18.02.2022/3P/8C 3/3