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Madras High CourtCRL MP(MD)/1511/2021ordered

Poojamani v. The Inspector Of Police

2021-03-11Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.1511 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.1511 of 2021 IN CRL A(MD) No.265 of 2020 POOJAIMANI ... PETITIONER/PETITIONER/APPELLANT - VsSTATE REP.BY THE INSPECTOR OF POLICE THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.124 OF 2010.

... COMPLAINANT/ RESPONDENT/ RESPONDENT 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 on the petitioner in Crl.MP.(MD).No.6218 of 2020 dated 11.12.2020 in Crl.A.(MD).No.265 of 2020 on the file of this Hon'ble High Court.

Prayer in Crl.MP.(MD).No.6218 of 2020:

To suspend the sentence of Imprisonment imposed by the Principal District Sessions Court, Sivagangai District at Sivagangai in S.C.No.105 of 2012 by the Judgment dated on 27.02.2020 and to enlarge the Appellant/petitioner on bail, pending disposal of the above Criminal Appeal.

Prayer in CRL A(MD) No.265 of 2020.:

To call for the records and set aside the order of conviction and sentence passed in SC No.105 of 2012 dated 27.02.2020 on the file of the Principal Sessions Judge, Sivagangai District at Sivagangai and allow this appeal and Acquit the appellants/ Accused from the charges levelled against them.

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.T.KUMAR, Advocate for the petitioner and of Mr.R.ANANDHARAJ, Additional Public Prosecutor on behalf of the Respondent, the Court made the following order:- This petition has been filed seeking relaxation of the condition imposed by this Court in Crl.M.P(MD)No.6218 of 2020 in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.1511 of 2021 Crl.A(MD)No.265 of 2020, dated 11.12.2020. This Court while granting suspension of sentence to the petitioner directed him to stay at Thuckalay and report before the learned Judicial Magistrate No.2, Thuckalay at 10.30 a.m., on all working days until further orders.

2. The learned counsel appearing for the petitioner would state that the petitioner has been complying with the said condition from 31.12.2020. He is an agriculturists and he is the sole bread winner of his family consisting 3 minor children and aged parents, so, he is not able to stay at Thuckalay to comply the condition.

3. Heard the learned Additional Public Prosecutor appearing for the respondent.

4. In the light of the above statement of the learned counsel for the petitioner, the condition imposed on the petitioner in Crl.M.P(MD)No.6218 of 2020, dated 11.12.2020 is modified directing the petitioner to appear before the committal court once in a week I.e., on every Monday at 10.30 a.m., until further orders.

5. Accordingly, this petition is ordered.

sd/- 11/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL SESSIONS JUDGE, SIVAGANGAI.

2. THE JUDICIAL MAGISTRATE, MANAMADURAI.

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

4. THE JUDICIAL MAGISTRATE No.2, THUCKALAY.

5. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

6. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

7. THE INSPECTOR OF POLICE, THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER IN CRL MP(MD) No.1511 of 2021 IN CRL A(MD) No.265 of 2020 Date :11/03/2021 am MS/PN/SAR-1/16.03.2021/2P.9C https://hcservices.ecourts.gov.in/hcservices/ 2/2