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Madras High CourtCRL MP(MD)/3091/2022ordered

Palani @ Palanichamy v. The Inspector Of Police

2022-03-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.3091 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.3091 of 2022 IN CRL A(MD) No.171 of 2021 PALANI @ PALANICHAMY ... PETITIONER/APPELLANT/SOLE ACCUSED (NOW CONFINED AS CONVICT PRISONER IN MADURAI CENTRAL PRISON) Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE NATHAM CIRCLE, SANARPATTI POLICE STATION, DINDIGUL DISTRICT.

(IN CRIME NO.03/2016) ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition imposed by this Honble Court in Crl.MP(MD)No.2752 of 2021 in Crl.A(MD)No.171/2012 dt.30/03/2021 and to direct the petitioner to produce the surety before the Honble Sessions Judge, Fast Track Mahila Court, Dindigul. PRAYER IN CRL A(MD) No.171 of 2021:

Pleased to call for the entire records connected with the judgment rendered by the Hon'ble Sessions Judge, Fast track Mahila Court, Dindigul in S.C.No.23 of 2016 dated 07.10.2020 and set aside the same and consequently 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.PRAKASH.R, Advocate for the petitioner and of Mr.K.SANJAI GANDHI, Government Advocate(crl.side) on behalf of the Respondent, the Court made the following order:- This Criminal Miscellaneous Petition has been filed praying to modify the condition imposed by this Court in Crl.M.P(MD)No.2752 of 2021 in Crl.A(MD)No.171 of 2021, dated 30.03.2021 and to direct the petitioner to produce the surety before the learned Sessions Judge, Fast Tack Mahila Court, Dindigul instead of Learned Judicial Magistrate, Dindigul.

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CRL MP(MD) No.3091 of 2022 2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.The only grievance of the petitioner is that the first condition imposed by the this Court is onerous. 4.Heard the learned Government Advocate (Crl.Side). 5.Considering the facts and circumstances of the case and also considering grievance expressed by the learned Counsel for the petitioner, this Court is inclined to modify the condition No.(i) imposed in Crl.A.((MD)No.171 of 2021, vide order, dated 30.03.2021 as follows:

6.The First condition alone is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Sessions Judge, Fast Tack Mahila Court, Dindigul. sd/- 07/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, DINDIGUL.

2 THE INSPECTOR OF POLICE NATHAM CIRCLE, SANARPATTI POLICE STATION, DINDIGUL DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL MP(MD) No.3091 of 2022 IN CRL A(MD) No.171 of 2021 Date :07/03/2022 SS/SBN/SAR:IV/17.03.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2