Velliyan @ Chinnathurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of July Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice B.GOKULDAS CRL MP(MD) No.5571 of 2016 IN CRL A(MD) No.13 of 2016 1 VELLIYAN @ CHINNATHURAI 2 ARUMUGAM ... PETITIONERS Vs STATE REP.BY THE INSPECTOR OF POLICE SOUTH POLICE STATION, THOOTHUKUDI DISTRICT, CR NO. 1/2012. ... RESPONDENT Prayer in Crl MP(MD).No. 5571/2016 :

Petition filed Under Section 482 of Cr.P.C. restore the Criminal Appeal (MD).No. 13 of 2016 dated 13.4.2016 which was dismissed for non-prosecution.

Prayer in Crl A(MD).No. 13/2016 : The appeal filed Under Section 374

(2) of the Crl.P.C.to call for the records from the lower court and to duly set aside the Judgement passed the Sessions Judge, Mahalir Neethimandram Fast Track, Mahila Court, Thoothukudi in S.C.No. 85/2013 dated 04.09.2015.

Order: This petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S A.BANUMATHY, Advocate for the petitioner and of Mr.T.Ramachandran, Additional Public Prosecutor for the Respondent the court made the following order:- Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioners, in the affidavit filed in support of the Interlocutory Application, submitted that the counsel could not argue the matter on the date of hearing, for want of instructions.

3. The petitioners have given satisfactory reasons for condoning the delay. We are, therefore, of the view that the petition deserves to be allowed.

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4. In the result, this petition is allowed. The Criminal Appeal is restored to file.

5. The Registry is directed to post the Criminal Appeal for final hearing on 19.09.2016. It is made clear that in case the petitioners fail to argue the appeal on the next date of hearing, their bail bonds would be cancelled.

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

TO 1 THE SESSIONS JUDGE, MAHALIR NETTHIMANDRAM, FAST TRACK MAHILA COURT, THOOTHUKUDI.

2 THE INSPECTOR OF POLICE SOUTH POLICE STATION, THOOTHUKUDI DISTRICT, 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER DATE : 12.07.2016 HEARING DATE : 19.09.2016 CRL MP(MD) No.5571 of 2016 IN CRL A(MD) No.13 of 2016

ORDER

Giving direction etc., as stated within.

JA-AAL-MPA-22.7.2016/2P:4C https://hcservices.ecourts.gov.in/hcservices/