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Madras High CourtCRL MP(MD)/2736/2024modified

J.Venkatesan v. The Inspector Of Police

2024-03-05Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) Nos.2736 and 2737 of 2024 IN J.VENKATESAN ... Petitioner / Petitioner / Petitioner / Accused No.2 in CRL MP(MD) No.2736 of 2024 1 J.VENKATESAN 2 PERIYAMUTHU 3 PETCHIAMMAL ... Petitioners / Petitioners / Petitioners / Accused No.2 to 4 in CRL MP(MD) No.2737 of 2024 Vs THE INSPECTOR OF POLICE THENKARAI POLICE STATION, THENI DISTRICT.

(CRIME NO. 22 OF 2022) ... Respondent / Respondent / Respondent / Complainant in both petitions Prayer in CRL MP(MD). 2736/ 2024 :

To modify the order dt. 28.01.2022 made in Crl O.P (MD) No. 1399 of 2022 has been passed by the Honble High court and report before the Judicial Magistrate 1/4

court, Periyakulam at 10.30 a.m instead of the Inspector of Police, Thenkarai police station at Theni District 10.30 am. so as to comply with the said condition. Prayer in CRL MP(MD). 2737/ 2024 :

To extend the time by two weeks in order to comply with the conditions imposed by the Honble High court in the above in Crl O.P (MD) No. 1399 of 2022 dt. 28.01.2022.

Order : These criminal miscellaneous petitions coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.VETRIVEL.P, Advocate for the petitioner in CRL MP(MD) No.2736 of 2024 and petitioners in CRL MP(MD) No.2737 of 2024 and of Mr.P.KOTTAICHAMY, Government Advocate (Crl. side) on behalf of the Respondent in both petitiones, the Court made the following order:- Crl.M.P.(MD)No.2736 of 2024 has been filed to modify the order dated 28.01.2022 made in Crl.O.P.(MD)No.1399 of 2022 has been passed by this Court and report before the Judicial Magistrate Court, Periyakulam at 10.30 a.m., instead of the Inspector of Police, Thenkarai Police Station at Theni District at 10.30 a.m., so as to comply with the said condition.

2.Crl.M.P.(MD)No.2737 of 2024 has been filed to extend the time by two weeks in order to comply with the conditions imposed by this Court in the above Crl.O.P. (MD)No.1399 of 2022, dated 28.01.2022.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the State. 4.The learned counsel appearing for the petitioner would submit that the 2/4

petitioner is a college going student and he is not able to appear before the trial Court. Hence, this Court may modify the said condition imposed against the petitioner.

4.Considering the facts and circumstances of the case, the condition imposed on the petitioner is hereby modified to the effect that the petitioner shall appear before the respondent police as and when required for interrogation. The time for execution of sureties is extended by two weeks from the date of receipt of a copy of this order.

5.Accordingly, these Criminal Miscellaneous Petitions are ordered. sd/- 05/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Judicial Magistrate, Periyakulam, Theni District.

2.Do through the Chief Judicial Magistrate, Theni District.

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3.The Inspector of Police, Thenkarai Police Station, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL MP(MD) Nos.2736 and 2737 of 2024 IN Date :05/03/2024 ED/ JGB /SAR- (14/03/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4