Ganesan v. The Inspector Of Police

CRL MP(MD) No.1934 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth 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.1934 of 2021 in CRL A(MD)No.211 of 2020 GANESAN ... PETITIONER/PETITIONER/APPELLANT Vs THE STATE OF TAMIL NADU REPRESENTED BY ITS THE INSPECTOR OF POLICE, THIRUPACHETHI POLICE STATION, SIVAGANGAI DISTRICT. (CRIME NO.124/2010) ... 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 upon the Petitioner while granting suspense of sentence in Crl MP. (MD) No. 3380/2020 in Crl. A (MD) No. 211/2020 dated 27.07.2020 that the Petitioner shall stay at Madurai and appear before the Learned Judicial Magistrate, Manamadurai at 10.30 am on the first working day of every English Calendar month until further orders pending disposal of the Appeal.

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.R.VENKATESAN, Advocate for the petitioner and of Mr.R.ANANDHARAJ, Additional Public Prosecutor on behalf of the Respondent, the Court made the following order:- This petition has been filed seeking relaxation of the condition imposed by this Court in Crl.M.P(MD)No.3380 of 2020 in Crl.A(MD)No.211/2020, dated 27.07.2020. This Court, while granting suspension of sentence to the petitioner directed him to stay at Madurai and appear before the learned Judicial Magistrate, Manamadurai at 10.30 a.m., on the first working day of every month until further orders.

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CRL MP(MD) No.1934 of 2021

2. The learned counsel appearing for the petitioner would state that the petitioner has been complying with the said condition from 01.09.2020. He would further state that the petitioner's wife died in the month of December 2020 and he is an agriculturist and he is the sole bread winner of his family, hence, it is very difficult for him to stay at Madurai.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. In the light of the above statement of the learned counsel for the petitioner, the condition imposed on the petitioner in Crl.M.P(MD)No3380 of 2020 in Crl.A(MD)No.211 of 2020, dated 27.07.2020 is modified directing the petitioner to appear before the committal court on the first working day of every month at 10.30., until further orders.

5. Accordingly, this petition is ordered.

sd/- 12/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE, SIVAGANGAI.

2. THE JUDICIAL MAGISTRATE, MANAMADURAI.

3. THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 4 THE INSPECTOR OF POLICE, THIRUPACHETHI POLICE STATION, SIVAGANGAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.1934 of 2021 in CRL A(MD)No.211 of 2020 Date :12/03/2021 AM AE/SMA/SAR-I (17/03/2021) 2P / 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2