Madras High CourtCRL MP(MD)/1913/2021modified

Justin v. The Inspector Of Police

2021-03-25Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.1913 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth 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.1913 of 2021 in CRL A(MD)No.478 of 2019 1 JUSTIN 2 ALVIN @ ALBIN @ ALBERT ... PETITIONERS/PETITIONERS/APPELLANTS Vs STATE REP.BY THE INSPECTOR OF POLICE KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.503 OF 2009) ... RESPONDENT/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 by order dated 06/01/2021 in Crl.M.P.(MD)No.6129/2020 in Crl.A(MD) No.478/2019 directing the petitioners to appear before the Judicial Magistrate No.I, Madurai at 10.30 AM on all working days.

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.C.T.PERUMAL, Advocate for the petitioners and of Mr.R.ANANDHARAJ, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed to relax the condition imposed on the petitioners in Crl.M.P(MD)No.6129 of 2020 in Crl.A(MD) No.478/2019, dated 06.01.2021.

2. Mr.C.T.Perumal, learned counsel appearing for the petitioner would state that while granting suspension of sentence, this Court directed the petitioners to stay at Madurai and appear before the learned Judicial Magistrate No.I, Madurai at 10.30 a.m., on all working days, until further orders. It is further submitted that the petitioners are daily wagers and they are unable to go for working in view of the condition imposed by this Court and their https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.1913 of 2021 family is struggling, however, they have been complying with the condition from 25.01.2021.

3. We have heard the learned Additional Public Prosecutor appearing for the respondent.

4. Considering the submissions of the learned counsel for the petitioners, we are inclined to modify condition directing the petitioners to appear before the committal Court on the first working day of every month at 10.30 a.m., until further orders.

5. Accordingly, this petition is ordered.

sd/- 25/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FAST TRACK) KANYAKUMARI DISTRICT AT NAGERCOIL. 2 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI.

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

4 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

5 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

6 THE INSPECTOR OF POLICE KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT. 7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to Mr.C.T.PERUMAL, Advocate ( SR-2510[I] dated 25/03/2021 ) ORDER IN CRL MP(MD) No.1913 of 2021 in CRL A(MD)No.478 of 2019 Date :25/03/2021 am AE/JC/ (07/04/2021) 2P / 9C https://hcservices.ecourts.gov.in/hcservices/ 2/2