P.N.Stalin v. L.Kuzhanthaivelu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL MP(MD) No.12594 of 2016 IN CRL RC(MD) No.602 of 2012 P.N.STALIN ... PETITIONER/PETITIONER Vs L.KUZHANTHAIVELU ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition imposed in M.P.No.1 of 2012 in Crl.R.C.No.602 of 2012 on 10.12.2012 and permit the petitioner to appear before the Judicial Magistrate Court, Sivakasi on first working day every month till disposal of the Crl R.C.No.602 of 2012 along with other cases.
PRAYER IN CRL RC(MD)NO.602/2012 :
To call for the records and set aside the conviction and sentence imposed by the Court of the Principal Sessions Judge, Virudhunagar District at Srivilliputhu in C.A.No.154/2004 dated 27.07.2012 confirming the conviction and modified sentence imposed by the Judicial magistrate Court No.II Srivilliputhur in C.C.No.249/2002 daed 24.09.2004 and allow this Criminal Revision Petition.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.G.MARIMUTHU, Advocate for the petitioner the court made the following order:- This miscellaneous petition is filed to modify the condition imposed by this Court in M.P.(MD).No.1 of 2012 in Crl.RC.No.602 of 2012, vide order dated 10.12.2012, by directing the petitioner to appear before the learned Judicial Magistrate, Sivakasi on the first working day of every month, instead of learned Judicial Magistrate No.II, Srivilliputtur.
2. The learned counsel for the petitioner would submit that the petitioner is having totally 10 cases and all the cases are pending before the Judicial Magistrate Court, Sivakasi, except the present case which is pending before the Judicial Magistrate No.II, Srivilliputtur. He further submitted that sentence of suspension was ordered in all the cases on the condition that the petitioner shall https://hcservices.ecourts.gov.in/hcservices/
report before the Court concerned on the first working day of every month. Now, the petitioner prays that it is very difficult for him to appear on the first working day of every month before the Srivilliputtur Court as well as before the Sivakasi Court and hence the present petition for the above stated relief.
3. In view of the submissions made by the learned counsel for the petitioner, the condition imposed by this Court in M.P.(MD).No.1 of 2012 in Crl.R.C.No.602 of 2012, vide order dated 10.12.2012, is totally relaxed. It is made clear that the petitioner shall comply the condition stipulated in the remaining cases before the Sivakasi Court without fail.
sd/- 18/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL SESSIONS JUDGE VIRUDHUNAGAR AT SRIVILLIPUTHUR 2 THE JUDICIAL MAGISTRATE,SIVAKASI 3 THE JUDIIAL MAGISTRATE NO.II, SRIVILLIPUTHUR 4 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.
+1. C.C. to M/S.G.MARIMUTHU Advocate SR.No.2909 GJM/PM/AM-1-SAR-3-24.1.17-2P-6C
ORDER
IN CRL MP(MD) No.12594 of 2016 IN CRL RC(MD) No.602 of 2012 Date :18/01/2017 https://hcservices.ecourts.gov.in/hcservices/