Madras High CourtCRL MP(MD)/3388/2022modified

Senthil v. The Inspector Of Police

2022-03-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.3388 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.3388 of 2022 IN CRL A(MD)No.186 of 2021 SENTHIL ... PETITIONER/PETITIONER/ APPELLANT Vs THE STATE REP.BY THE INSPECTOR OF POLICE RAJTHANI POLICE STATION, THENI DISTRICT.

CRIME No.223 of 2013. ... 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 pass an order Relaxing the Condition imposed by this Honble Court in Crl.MP.(MD).No.10482 of 2021 in Crl.A.(MD).No.186 of 2021 order date 22.12.2021.

Prayer in Crl.A.(MD) No.186 of 2021:

To call for the records and set aside the judgment of conviction dated 31.07.2020 passed by the Honourable Mahalir Fast Track Court, Theni, made in SC.No.53 of 2015 convicting the petitioner for the alleged offence under sec.376(2)(1)IPC and sentencing him for 10 years Rigorous Imprisonment and imposing a fine of Rs.1000/-, in default to undergo one year Rigorous Imprisonment and further ordering compensation of Rs.5,00,000/- under the Victim compensation scheme through the District Collector, Theni, and allow this Criminal Appeal pending on the file of this Hon'ble Court.

PRAYER IN CRL MP(MD).10482/2021 in Crl.A.(MD) No.186 of 2021: Pleased to suspend the sentence imposed on the petitioner by the Honourable Mahalir Fast Track Court Theni made in SC.No.53 of 2015 sentencing him for 10 years Rigorous Imprisonment and release the petitioner on bail pending disposal of the above criminal 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 M/S.AYYANAR PREMKUMAR.S, Advocate for the petitioner and of M/s.M.AASHA, Government Advocate(crl.side) on behalf of the Respondent, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.3388 of 2022 This petition has been filed to relax the condition imposed on the petitioner in Crl.M.P.(MD)No.10482 of 2021 in Crl.A(MD)No.186 of 2021, dated 22.12.2021.

2. The learned counsel appearing for the petitioner would submit that the petitioner is complying with the condition regularly. He further stated that the petitioner is the only bread winner of his family, hence he is unable to comply with the said condition.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is regularly complying with the condition.

4. In the light of the above submission, the condition imposed on the petitioner in Crl.M.P.(MD)No.10482 of 2021 in Crl.A (MD)No.186 of 2021, dated 22.12.2021 is modified to the effect that the petitioner shall appear before the trial Court twice in a month i.e., on the first & fifteenth working day of every English calender month at 10.30 a.m., until further orders.

5. Accordingly, this petition is ordered.

sd/- 15/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, MAHALIR FAST TRACK COURT, THENI.

2 THE INSPECTOR OF POLICE RAJTHANI POLICE STATION, THENI DISTRICT.

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

+1. C.C. to M/S.AYYANAR PREMKUMAR.S Advocate SR.No.2031 ORDER IN CRL MP(MD) No.3388 of 2022 IN CRL A(MD)No.186 of 2021 Date :15/03/2022 SA/PN/SAR.2/22.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2