R.Chinna Alagu @ Nalliappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN and The Hon`ble Mr.Justice C. KUMARAPPAN in CRL A(MD) No.390 of 2023 R.CHINNA ALAGU @ NALLIAPPAN ... PETITIONER/PETITIONER/APPELLANT Vs State Rep.by THE INSPECTOR OF POLICE NATHAM POLICE STATION (CRIME NO.295 OF 2016) ... RESPONDENT/RESPONDENT/RESPONDENT Criminal Miscellaneous 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 No.3 imposed upon me by this Honble Court in Crl MP (MD) No.7420/2023 in Crl.A (MD) No.390/2023 dated 03.10.2023. Prayer in CRL A(MD) No.390 of 2023 :
To call for the records pertaining to the Sessions Case in S.C.No.304 of 2018 on the file of the Additional District and Sessions Judge, Dindigul dated 06.04.2023 and to acquit the appellant/accused from all the charges. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ARUMUGAM.C.M., Advocate for the petitioner and of MR.S.RAVI, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- 1/3
This petition is filed seeking for relaxation of the Condition No.(iii) imposed on the petitioner by this Court in Crl.M.P.(MD).No.7420 of 2023 in Crl.A.(MD). No.390 of 2023 vide order dated 03.10.2023.
2. One of the conditions imposed therein, which the petitioner seeks for relaxation, reads as follows:
"(iii) The petitioner shall appear and sign daily at 10.30 a.m. before the learned Sessions Judge until further orders. In case, the petitioner is unable to appear on the specified day, he is entitled to file a petition under Section 317 of the Code of Criminal Procedure, 1973 and the learned Sessions Judge shall decide the same on its own merits and as per law;"
3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is ordered and the Condition No.(iii) imposed in Crl.M.P. (MD).No.7420 of 2023 in Crl.A.(MD).No.390 of 2023 vide order dated 03.10.2023 is modified as follows:
"(iii) The petitioner shall appear before the learned Sessions Judge once in a month on the first working day of every English Calendar month at 10.30 a.m. until 2/3
further orders. In case, the petitioner is unable to appear on the specified day, he is entitled to file a petition under Section 317 of the Code of Criminal Procedure, 1973 and the learned Sessions Judge shall decide the same on its own merits and as per law."
sd/- 04/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LM To 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, DINDIGUL. 2 THE INSPECTOR OF POLICE, NATHAM POLICE STATION, NATHAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-2681[I] dated 04/03/2024 )
ORDER
IN in CRL A(MD) No.390 of 2023 Date :04/03/2024 SS/VR/SAR- /08/03/2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3