Madras High CourtCRL MP(MD)/2904/2022modified

Balasubramani @ Subramani v. The Inspector Of Police

2022-03-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.2904 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.2904 of 2022 IN CRL A(MD) No.390 of 2021 BALASUBRAMANI @ SUBRAMANI ... PETITIONER/APPELLANT Vs THE STATE REP BY, THE INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, MADURAI DISTRICT.

(CR.NO.920/2015) ... 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 in Crl.M.P(MD).No.11352/2021 in Crl.A. (MD).No.390 of 2021 dt 22.12.2021 pending Appeal the file of this Honourable Court.

PRAYER IN CRL A(MD)NO. 390 OF 2021:

Pleased to call for the records and set aside the order of conviction and sentence passed in Spl.S.C. NO. 17 of 2017 on the file of te Leanred Sessions Court for Exclusively Trial of Cases Under POSCO Act, Madurai vide judgment dated 09.10.2020 and allow this appeal and acquit the Appellant/Accused from the charge leveled against him.

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.K.KATHIRESAN, Advocate for the petitioner and of M/S.M.AASHA, Government Advocate (Crimal Side) on behalf of the Respondents the court made the following order:- This petition has been filed to relax the condition imposed on the petitioner in Crl.M.P(MD)No.11352 of 2021 in Crl.A(MD)No.390 of 2021, dated 22.12.2021.

2. The learned counsel appearing for the petitioner would submit that the petitioner is complying with the condition regularly. He further stated that the due to health condition, the petitioner unable to comply with the said condition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.2904 of 2022

3. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner is regularly complying with the condition.

4. In the light of the above submission, the condition imposed on the petitioner in Crl.M.P(MD)No.11352 of 2021 in Crl.A(MD)No.390 of 2021, dated 22.12.2021 is modified to the effect that the petitioner shall appear before the trial Court once in fifteen days at 10.30 a.m., until further orders.

5. Accordingly, this petition is modified.

sd/- 01/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POSCO ACT, MADRUAI.

2 THE INSPECTOR OF POLICE, JAIHINDPURAM POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL MP(MD) No.2904 of 2022 IN CRL A(MD) No.390 of 2021 Date :01/03/2022 mga PKP/PN/SAR-3/04.03.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2