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Madras High CourtCRL MP(MD)/1963/2021modified

Rathinakumar v. The Inspector Of Police

2021-03-08Honourable Mr Justice M. Nirmal Kumar2 pages

CRL MP(MD) No.1963 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) No.1963 of 2021 IN CRL OP(MD) No.14607 of 2020 RATHINAKUMAR ... PETITIONER/SOLE ACCUSED Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI.

(CRIME NO.1599 OF 2020) ... RESPONDENT/COMPLAINANT 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 by this Honble Court by the order dated 21.12.2020 in Crl.O.P.(MD)No.14607 of 2020. 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.S.THALAMUTHURAJA, Advocate for the petitioner and of MR.M.V.CHANDRASEKARAN, Government Advocate(Criminal Side) on behalf of the Respondent the court made the following order:- This petition is filed to modify the conditions imposed by this Court in Crl.O.P.(MD).No.14607 of 2020, dated 21.12.2020. 2.

The learned counsel appearing for the petitioner submitted that the petitioner was granted bail by this Court in Crl.O.P.(MD). No.14607 of 2020, dated 21.12.2020, and one of the conditions is that the petitioner shall report before the Additional Mahila Court, Tirunelveli daily at 10.30 a.m and 5.30 p.m until further orders. He further submitted that the petitioner has been regularly complying with the conditions from 19.01.2021. hence, he seeks relaxation. 3.It is seen that the petitioner previously had been convicted by the Additional Mahila Court, Tirunelveli. Having this in back of his mind, the petitioner had filed petition under Right to Information Act and the petitioner has also created scene in the Court.

While complying with the condition before the Additional Mahila Court, Tirunelveli, the petitioner has disturbed smooth functioning of the Court and caused stress and pain to the Court and https://hcservices.ecourts.gov.

CRL MP(MD) No.1963 of 2021 others including presiding officer. The petitioner though had been advised orally by the lower Court not to create disturbance in functioning of the Court, the petitioner continuous to do so. 4.In view of the same, this Court is inclined to modify the condition to the effect that the petitioner shall appear before the Inspector of Police, Palayamkottai Police Station, Tirunelveli, thrice in a Week (ie.,) on every Monday, Wednesday, and Friday, at 10.30 a.m., until further orders. The Inspector of Police, Palayamkottai Police Station, Tirunelveli, is directed to personally acknowledge the appearance of the petitioner and not to delegate to his subordinates.

5.Accordingly, this criminal miscellaneous petition is modified.

sd/- 08/03/2021 / TRUE COPY / / /2021 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 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI.

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

COPY TO:

THE JUDGE, ADDITIONAL MAHILA COURT, TIRUNELVELI.

ORDER

IN CRL MP(MD) No.1963 of 2021 IN CRL OP(MD) No.14607 of 2020 Date :08/03/2021 NR/VR/SAR-III(12.03.2021) 2P:6C https://hcservices.ecourts.gov.in/hcservices/ 2/2