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Madras High CourtCRL MP(MD)/2748/2021ordered

Manikumar v. The Inspector Of Police

2021-03-30Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.2748 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth 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.2748 of 2021 in CRL A(MD)88 of 2019 1 MANIKUMAR 2 AMITHABACHAN ... PETITIONERS/ACCUSED No.4 and 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.74/2018. ... 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 Honourable Court in Crl MP (MD)No. 7238/2019 in Crl. A (MD) No. 88/2019 vide its order dated 31.10.2019.

Prayer in CRL MP(MD). 7238/ 2019 in Crl.A.(MD)No.88 of 2019: To suspend the sentence of imprisonment imposed on the petitioners in the judgment dated 19.02.2019 made in SC No.467 of 2018 on the file of the IV Additional Sessions Judge, Tirunelveli and enlarge the petitioners on bail.

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.P.SAMUEL GUNASINGH, Advocate for the petitioner and of Mr.R.ANANDARAJ, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed to relax the condition imposed on the petitioners in Crl.M.P(MD)No.7238 of 2019 in Crl.A(MD)No.88 of 2019, dated 31.10.2019.

2.The petitioners are A4 & A6 in S.C.No.467 of 2018 on the file of the IV Additional Sessions Judge, Tirunelveli. While granting suspension of sentence to these petitioners, this Court on https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.2748 of 2021 30.10.2019 directing them to stay at Nanguneri and report before the learned Judicial Magistrate, Nanguneri, at 10.30 a.m., on all working days and before the Inspector of Police, Nanguneri Police Station, at 10.30 a.m., on all holiday, until further orders.

3. It is the submission of the learned counsel for the petitioner Mr.P.Samuel Gunasingh, that the petitioners have been complying with the condition from 11.11.2019. It is also submitted that the petitioner's are the sole bread winner of their family and because of the condition imposed by this Court, they could not do regular job. It is further stated that in respect of A5 this Court directed him to appear before the committal Court once in a month at 10.30 a.m.,

4. Mr.R.Anandharaj, learned Additional Public Prosecutor appearing for the respondent would state that the petitioners have been complying with the condition regularly since 11.11.2019.

5. In the light of the above fact, the condition imposed on the petitioners in Crl.M.P(MD)No.2748 of 2021 in Crl.A(MD)No.88 of 2019, dated 31.10.2019 is modified to the effect that the petitioners are directed to appear before the committal Court on the first working day of every month at 10.30 a.m., until further orders.

6. Accordingly, this petition is ordered.

sd/- 30/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE IV ADDITIONAL SESSIONS JUDGE, TIRUNELVELI. 2.THE JUDICIAL MAGISTRATE, NANGUNERI.

3.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

4.THE INSPECTOR OF POLICE VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT. 5.THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, NANGUNERI.

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

ORDER IN CRL MP(MD) No.2748 of 2021 in CRL A(MD)88 of 2019 am Date :30/03/2021 TK/PN/SAR.1/09.04.2021/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2