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Madras High CourtCRL MP(MD)/2775/2022modified

Sivaraja v. The Inspector Of Police

2022-02-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.2775 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.2775 of 2022 IN CRL A (MD)No.474 of 2021 SIVARAJA ... PETITIONER/APPELLANT Vs THE STATE REP.BY THE INSPECTOR OF POLICE KA. VIZHAKU POLICE STATION, THENI DISTRICT.

(CRIME NO.51/2012) ... RESPONDENT/COMPLAINANT 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 vide order dt. 06/01/2022 made in Crl.M.P.(MD) No. 11832 of 2021 in Crl.A.(MD) No. 474 of 2021 on the file of this Honourable High Court. PRAYER IN CRL A(MD)No.474 of 2021:

To call for the entire records in relating to the impugned conviction judgment dated 28.10.2021 made in S.C.No.114 of 2015 on the file of the learned Fast Track Mahila Court, Theni and to set aside the same and consequently to acquit the appellant. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.JEYAKARTHIK M.S., Advocate for the petitioner and of M/S.M.AASHA, Government Advocate (Criminal Side) on behalf of the Respondent, 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.11832 of 2021 in Crl.A.(MD)No.474 of 2021, dated 06.01.2022.

2.The learned counsel appearing for the petitioner would submit that though the petitioner is residing at Varusa Nadu and the trial Court is situated at Theni, which is more than 50 kilometers far away from the petitioner's residence, he has been regularly complying the condition from 10.01.2022 and due to his agricultural work, he finds hindrance to comply with the said condition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.2775 of 2022 3.The learned Additional Public Prosecutor 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.11832 of 2021 in Crl.A.(MD)No.474 of 2021, dated 06.01.2022, is modified to the effect that the petitioner shall appear before the trial Court once in Fifteen days i.e., on the first and fifteenth working day of every English calender month at 10.30 a.m., until further orders. 5.Accordingly, this petition is ordered.

sd/- 24/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, FAST TRACK MAHILA COURT, THENI.

2. THE INSPECTOR OF POLICE, KA.VIZHAKU POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate (SR-1494[I] dated 25/02/2022 ) ORDER IN CRL MP(MD) No.2775 of 2022 IN CRL A (MD)No.474 of 2021 Date :24/02/2022 USK/PN/SAR-IV/02.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2