The Inspector Of Police v. Rajarathinam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of September Two Thousand Twenty PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice T.KRISHNAVALLI IN CRL A(MD) No.323 of 2019 THE INSPECTOR OF POLICE, NACHIYARKOVIL POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

CRIME NO.170/2012 ... PETITIONER/RESPONDENT/COMPLAINANT Vs RAJARATHINAM ... RESPONDENT/PETITIONER/ACCUSED Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to accept the affidavit and cancel the order made in Crl.M.P.(MD) No.6345/2019 in Crl.A.323/2019, dated 20/09/2019. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.R.ANANDARAJ, Additional Public Prosecutor for the petitioner and of MR.A.V.RAJASEKARAN, Advocate on behalf of the Respondent, the court made the following order:- [Order of the Court was made by K.KALYANASUNDARAM, J.] This application has been filed by the prosecution to cancel the suspension of sentence granted in favour of the respondent by this Court vide order dated 20.09.2019 in Crl.M.P.(MD)No.6345 of 2019 in Crl.A.(MD)No.323 of 2019.

2.While granting an order of suspension, this Court directed the accused, the respondent herein to stay at Trichy and report before the Cantonment Police Station, Trichy, daily at 10.30 a.m. and 5.30 p.m. until further orders. Alleging that the respondent / accused failed to comply with the condition, on 06.11.2019 and 28.11.2019, this application has been filed seeking cancellation of bail.

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3.It is brought to the notice of this Court that the respondent / accused is also involved in five cases registered on the file of Natchiyarkovil Police Station and out of five cases, three cases have been ripen for trial and two other cases are under investigation.

4.Taking note of the Covid-19 Pandemic situation coupled with the fact that the respondent / accused has to face trial in three cases, which are pending for trial before the Additional Sessions Court, Kumbakonam, EC Court, Thanjavur and Judicial Magistrate Court No.II, Kumbakonam, in S.C.No.59 of 2019; C.C.No.04 of 2020 and C.C.No.112 of 2019 respectively, this Court thought it proper to modify the earlier condition.

5.In that view, the respondent / accused is hereby directed to appear before the Inspector of Police, Natchiyarkovil, Thanjavur, daily at 09.00 a.m. and 6.00 p.m. until further orders. It is made clear that the respondent / accused shall co-operate for disposal of the three pending cases referred to supra. Any of the violation of this order would result in cancellation of the bail granted in favour of the respondent / accused in Crl.M.P.(MD)No.6345 of 2019, dated 20.09.2019.

6.Accordingly, this petition is disposed.

sd/- 21/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, (FTC), KUMBAKONAM.

2 THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

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4 THE INSPECTOR OF POLICE, NACHIYARKOVIL POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

6 THE INSPECTOR OF POLICE / OFFICER INCHARGE, THE CANTONMENT POLICE STATION, TRICHY.

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

ORDER

IN IN CRL A(MD) No.323 of 2019 Date :21/09/2020 RJ2 JM/VR/SAR I/25.09.2020/3P/8C 3/3