Madhavan Nair v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL MP(MD) No.2046 of 2016 IN CRL RC(MD) No.476 of 2014 1 MADHAVAN NAIR 2 SIVADHASAN NAIR 3 KARNAKUMAR 4 VIVEKANANTHAN ... PETITIONERS/PETITIONERS Vs THE STATE OF TAMIL NADU THROUGH THE SUB INSPECTOR OF POLICE PUTHUKKADAI (IN CRIME NO. 316/1995) REP. BY PUBLIC PROSECUTOR, NAGERCOIL ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the condition imposed on the petitioners in M.P.No. 1 of 2014 in Crl.R.C.No. 476 of 2014 dated 02.12.2014 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.K.

SAMIDURAI, Advocate for the petitioner and of M/S.P.KANDASAMY, Government Advocate(Crl.Side) on behalf of the Respondent the Court made the following order:- This is an application filed by the petitioners to relax the condition imposed on the petitioners in M.P.(MD) No.1 of 2014 in Crl.R.C.No.476 of 2014 dated 02.12.2014 at the time of granting suspension of sentence and bail to the petitioners. 2.This Court, in M.P.(MD) No.1 of 2014 in Crl.RC(MD) No.476 of 2014, while granting suspension of sentence to the petitioners, directed the petitioners to appear before the learned Judicial Magistrate No.II, Kuzhithurai, on the first working day of every English Calender month at 10.30 a.m. until further orders. 3.

Further, it is reported that the first petitioner is aged 90 years and the second petitioner is aged 88 years and they are senior citizens and the first petitioner is taking medical treatment in the cancer centre at Trivandrum and the second petitioner is also taking treatment and other petitioners are taking care of the first https://hcservices.ecourts.gov.

and second petitioners and unless the condition already imposed is relaxed, the petitioners will be put to great prejudice and also, it is reported that the petitioners are regularly complying with the condition imposed by this Court, without any fail. 4.The learned Government Advocate (criminal side) appearing on behalf of the respondent has admitted that the petitioners are complying with the condition as ordered by this Court dated 02.12.2014 without any violation.

5.Considering the above mentioned averments, this Court is satisfied with to modify the condition and the condition imposed against the petitioners is modified and the petitioners are directed to appear before the learned Judicial Magistrate No.II, Kuzhithurai, once in two months viz., on the first working day of every alternative English Calender month at 10.30 a.m. till the disposal of the appeal.

6.This petition is disposed of accordingly,.

sd/- 08/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II KUZHITHURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3.THE JUDGE, MAHILA COURT, FAST TRACK COURT, NAGERCOIL 4.THE SUB INSPECTOR OF POLICE, PUTHUKKADAI , REP. BY PUBLIC PROSECUTOR, NAGERCOIL 5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +One cc to M/S.K.SAMIDURAI, Advocate, SR.No.13286 Arul RL/7C/JGB/DP/SARI/10/3/2016

ORDER

IN CRL MP(MD) No.2046 of 2016 IN CRL RC(MD) No.476 of 2014 Date :08/03/2016 https://hcservices.ecourts.gov.in/hcservices/