C.Madasamy v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice VIVEK KUMAR SINGH IN CRL.A(MD)No.171 of 2022 C.MADASAMY ... PETITIONER/APPELLANT Vs THE STATE REP.BY, THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, NAGERCOIL, KANYAKUMARI DISTRICT.

CRIME.NO.1/2000 ... RESPONDENT/COMPLAINANT Criminal Miscellaneous 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 laid down by this Honble Court in Crl MP(MD) No.8488/2022 in Crl MP(MD) No.3195/2022 in Crl A(MD) No.171/2022 dated 25.07.2023 pending disposal of the above Criminal Appeal.

Prayer in CRL MP(MD)No.8488 of 2022:

To relax the condition laid down by this Honourable Court in Crl.M.P.(MD) No.3195 of 2022 in Crl.A.(MD) No. 171 of 2022 dated 09/03/2022 pending disposal of the above Crl.Appeal.

Prayer in CRL MP(MD). 3195/ 2022 :

To grant Suspension of sentence imposed in the conviction and Judgment in Spl S.C No. 4/2005 on the file of the Spl Judge cum Chief Judicial magistrate, Kanyakumari district at Nagercoil dt. 15.02.2022 pending disposal of the above Criminal Appeal.

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Prayer in CRL.A(MD)No.171 of 2022:

To call for the records pertaining to the Judgment in Special SC No.4/2005 on the file of the Special Judge cum Chief Judicial Magistrate, Kanyakumari District at Nagercoil dated 15.02.2022 and set aside the same and allow the above Appeal.

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. ANTO PRINCE.G, Advocate for the petitioner and of M/S.M.MUTHUMANIKKAM, Government Advocate(Crl.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.3195 of 2022 in Crl.A.(MD) No.171 of 2022 on 25.07.2023. 2.The learned counsel for the petitioner submitted that the petitioner is 84 years old and has been complying with the condition imposed by this court regularly.

3.The learned Additional Public Prosecutor submitted that earlier, this Court, vide its order dated 25.07.2022 has modified the condition by directing the petitioner to appear before the concerned Court on the first working day of alternative months at 10.30a.m., until further orders.

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4.Considering the age of the petitioner, the condition imposed by this court in Crl.M.P.(MD)No.3195 of 2022 on 25.07.2023 is modified to the effect that the petitioner shall report before the concerned Court once in three months on the first working day at 10.30 a.m., until further orders. sd/- 27/02/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN TO 1 THE SPECIAL JUDGE CUM CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.G.ANTO PRINCE, Advocate ( SR-2407[I] dated 27/02/2024 ) 3/4

ORDER

IN IN CRL.A(MD)No.171 of 2022 Date :27/02/2024 SS/VR/SAR- /01/03/2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4