Madras High CourtCRL MP(MD)/11014/2016ordered

K.Dhas, v. The Inspector Of Police,

2016-11-10Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.11014 of 2016 IN CRL RC(MD) No.770 of 2016 1 K.DHAS, 2 M.DAVID ..PETITIONERS/PETITIONERS Vs.

STATE REP.BY THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

CR.NO. 403 OF 2002 ..RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to exempt the Petitioners/Accused No.1 and 2 herein from surrendering in connection with the sentence imposed in Judgment in CA No. 142 of 2006 dated 20.07.2016 by the Learned Mahila Fast Track Court, Nagercoil modifying the order of conviction and sentence to undergo one year Rigorous imprisonment and to pay fine of Rs.1000/- in default to undergo one year Rigorous imprisonment passed by the Learned Assistant Sessions Judge, Kuzhithurai dated 20.06.2006 in SC.NO.36 of 2004 under Sections 326 of Indian Penal Code till the disposal of Crl.R.C.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.T.LAJAPATHI ROY, Advocate for the petitioner and of Mr.P.KANDASAMY, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- This petition is allowed, as prayed for exempt the Petitioners/Accused No.1 and 2 herein from surrendering in connection with the sentence imposed in Judgment in CA No. 142 of 2006 dated 20.07.2016 by the Learned Mahila Fast Track Court, Nagercoil modifying the order of conviction and sentence to undergo one year Rigorous imprisonment and to pay fine of Rs.1000/- in default to undergo one year Rigorous imprisonment passed by the Learned Assistant Sessions Judge, Kuzhithurai dated 20.06.2006 in SC.NO.36 of 2004 under Sections 326 of Indian Penal Code. sd/- 10/11/2016 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE ASSISTANT SESSIONS JUDGE, KUZHITHURAI, KANYAKUMARI DISTRICT. 2 THE SESSIONS JUDGE, FAST TRACK (MAHILA) COURT, NAGERCOIL. 3 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KANYAKUMARI AT NAGERCOIL.

4 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI, KANYAKUMARI DISTRICT. 5 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 6 THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. C.C. to M/S.T.LAJAPATHI ROY Advocate SR.No.67821 ORDER IN CRL MP(MD) No.11014 of 2016 IN CRL RC(MD) No.770 of 2016 Date :10/11/2016 PBK/SS-3/SAR-III 11/11/2016 ::3P-9C:

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