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Madras High CourtCRL MP(MD)/3140/2016allowed

Tamilarasi v. The Inspector Of Police

2016-04-12Honourable Mr Justice V. S. Ravi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL MP(MD) Nos.3140 and 3147 of 2016 IN MP(MD)Nos.1 and 2 of 2015 IN CRL A(MD) No.370 of 2015 TAMILARASI ... PETITIONER/PETITIONER/2nd APPELLANT IN CRL MP(MD) No.3140/2016 AND MP(MD)No.2 of 2015 IN CRL A(MD) No.370 of 2015 KANAGAVEL @ KANNAN ... PETITIONER/PETITIONER/1st APPELLANT IN CRL MP(MD) No.3147/2016 AND MP(MD)No.1 of 2015 IN CRL A(MD) No.370/2015 Vs THE INSPECTOR OF POLICE, THIRUVERUMPUR POLICE STATION, THIRUVERUMBUR, TRICHY DISTRICT. ... RESPONDENT/RESPONDENT/RESPONDENT IN ALL THE PETITIONS Prayer in CRL MP(MD). 3140/ 2016 in CRL A(MD) No.370 of 2015 : 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 in M.P. NO.2 of 2015 in Crl.A(MD). No. 370 of 2015 dated 15.12.2015.

Prayer in CRL MP(MD). 3147/ 2016 CRL A(MD) No.370 of 2015 : 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 in M.P. NO.1 of 2015 in Crl.A(MD). No. 370 of 2015 dated 15.12.2015.

Prayer in MP(MD)Nos.1 and 2 of 2015 in CRL A(MD).370/2015 : Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Suspend the sentence passed by the Learned Sessions Judge Mahila Court, Trichy in S.C. No.170 of 2013 dated 14.10.2015 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal. Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S C.DEEPAK, Advocate for the petitioners and of MR.P.KANDASAMY, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- Crl.M.P.(MD) Nos.3147 and 3140 of 2016 are filed by the petitioners/appellants/A1 and A2 respectively, to relax the condition

imposed by this Court in M.P.(MD) Nos.1 and 2 of 2015 in Crl.A.(MD) No.370 of 2015 dated 15.12.2015 at the time of granting suspension of sentence and bail to the petitioners.

2.This Court, in M.P.(MD) Nos.1 and 2 of 2015 in Crl.A.(MD) No.370 of 2015, while granting suspension of sentence to the petitioners, directed the petitioners to report before the learned Judicial Magistrate No.VI, Trichy, on every Monday and Wednesday of every week at 11.00 a.m., till the disposal of the criminal appeal.

3.It is specifically stated in the petition that the petitioner in Crl.M.P(MD) No.3140 of 2016 is mother and the petitioner in Crl.M.P.(MD) No.3147 of 2016 is her son and they have been arrested on 14.10.2015 and the sentence has been suspended and they have been released on 24.12.2015 and they are complying with the condition already imposed on them since January 2016 without any violation. Further, it is stated in the petitions that the sister's son of the petitioner in Crl.M.P.(MD) No.3140 of 2016, (namely Mohanakalyan) has got the chronic renal failure and hence, the petitioner viz., Tamilarasi is willing to donate her kidney to the minor boy and hence, she has to undergo necessary medical treatments and the petitioner in Crl.M.P.(MD) No.3147 of 2016 has to assist her mother.

4.It is further reported that yesterday, according to the learned counsel for the petitioners, the said minor boy viz., Mohanakalyan has expired due to the chronic renal failure. Under the said circumstances, it is submitted that if the petitioners are compelled to appear before the learned Judicial Magistrate No.VI, Trichy on every Monday and Wednesday of every week, the petitioners will be put to serious hardship in complying with the condition imposed on them and hence, they have prayed for relaxation of the condition.

5.It is reported by the learned Government Advocate (criminal side) that the petitioners are complying with the condition already imposed on them by this Court without any violation.

6.Considering the above mentioned facts and circumstances, this Court is satisfied to modify the condition and the condition already imposed against the petitioners/appellants/A1 and A2 is modified and the petitioners are directed to appear before the learned Judicial Magistrate No.VI, Trichy, on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal. 7.These petitions are ordered accordingly,.

sd/- 12/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3. THE INSPECTOR OF POLICE, THIRUVERUMPUR POLICE STATION, THIRUVERUMBUR, TRICHY DISTRICT

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

+2. C.C. to M/S C.DEEPAK Advocate SR.No. 20476, 20477

ORDER

IN CRL MP(MD) No.3140 and 3147 of 2016 IN MP(MD)Nos.1 and 2 of 2015 IN CRL A(MD) No.370 of 2015 Date :12/04/2016 ARUL TE/SKS-RR/SAR-I : 15/04/2016 : 3P/7C