Paul @ Paulmanoharan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth 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.392 of 2022 PAUL @ PAULMANOHARAN ... Petitioner / Appellant / Accused No.2 Vs THE INSPECTOR OF POLICE SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.
(CRIME NO.110/2015.) ... Respondent / Respondent / Complainant Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extend the time in Crl MP(MD)No.7399/2023 in Crl A(MD) No.392/2022 order dt.08.01.2024 on the file of this Honble Court.
Prayer in CRL A(MD) No.392 of 2022:
To admit this appeal on file, to call for the records from the Lower Court in S.C.No.50 of 2017 on the file of Fast Track Mahila Court, Ramanathapuram and set aside the judgment dated 21.04.2022 by acquitting the accused and by allowing the appeal.
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 1/4
Mr.V.KATHIRVELU, Senion Counsel for M/S.KUMARAVEL.K, Advocate for the petitioner and of Mr.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent, the Court made the following order:- The petitioner, who is a life convict and whose right leg below knee amputated due to femoropopliteal arterial occlusive disease due to diabetes, was earlier granted interim bail for a period of two months from 09.01.2024 to 08.03.2024. Before expiry of the said period, an application was filed for extension of interim bail.
2. However, this Court directed the petitioner to surrender before the prison authorities and get an opinion from the Prison Doctor about his health condition, since the Doctor, who has treated him, had opined that he needs regular care for wound and rehabilitation and that he is not fit to be in jail as he needs continuous care for his regular activities.
3. Accordingly, in compliance with the directions of this Court, the petitioner has surrendered before the Superintendent of Prison, Central Prison, Madurai on 12.03.2024. The Prison Doctor has examined the petitioner on 14.03.2024 and has opined that the patient is under continuous monitoring at Central Prison Hospital and dependent on others for daily activities. It is further stated that he cannot defer 2/4
that the above patient needs individual care and cardiac monitoring for the improvement of his health status.
4. In view of the above opinion given by the Prison Doctor, the sentence imposed on the petitioner is suspended for a period of two (2) months on medical grounds. The prison authorities shall release the convict for two (2) months on the same bail bond executed earlier. The petitioner is directed to surrender and report before the prison authorities on the 60th day of his release.
5. With the above direction, this Criminal Miscellaneous Petition is disposed of. sd/- 15/03/2024 / TRUE COPY / 18/03/2024 Sub-Assistant Registrar (CS -II ) Madurai Bench of Madras High Court, Madurai - 625 023.
lm To 1.The Judge, Fast Track Mahila Court, Ramanathapuram District.
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2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
3.The Superintendent, Central Prison, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN in Crl.A.(MD).No.392 of 2022 Date :15/03/2024 RK (18/03/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4