Madras High CourtCRL MP(MD)/2682/2021modified

Manikandan v. The Inspector Of Police

2021-03-29Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.2682 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth 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.2682 of 2021 in Crl.A(MD)No.386 of 2020 1 MANIKANDAN 2 AJMEERKHAN ... PETITIONERS/PETITIONERS Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT.

... RESPONDENT/RESPONDENT 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 on the petitioners in Crl.MP.No.7796 of 2020 in Crl.A.No.386 of 2020 dated 29.1.2021. Prayer in CRL A(MD) No.386 of 2020:

To call for the records and set aside the judgment and conviction dated 14.10.2020 passed by the learned 4th Additional District & Sessions Judge, Madurai in S.C.No.508 of 2016 and acquit the Appellants.

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.KARUPPASAMY PANDIYAN.G, Advocate for the petitioners and of Mr.R.ANANDHARAJ, 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.7796 of 2020 in Crl.A(MD)No.386 of 202, dated 29.01.2021. While granting suspension of sentence, the petitioners were directed to stay at Salem and report before the learned Judicial Magistrate No.II, Salem daily at 10.30 a.m., until further orders.

2. It is the submission of the learned counsel for the petitioners that the petitioners are daily labourers and because of the condition imposed by this Court, they could not do regular job https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.2682 of 2021 hence, their entire family is suffering. It is also stated that the co-accused A4 was directed to appear before the committal court on the first working day of every month and these petitioners also ready to comply with the said condition.

3. Mr.R.Anandharaj, learned Additional Public Prosecutor would state that the petitioners have been complying with the condition from 17.02.2021.

4. In the light of the above fact, the condition imposed on the petitioners in Crl.M.P(MD)No.7796 of 2020 in Crl.A(MD)No.386 of 202, dated 29.01.2021 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.

5. Accordingly, this petition is ordered.

sd/- 29/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI.

2 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

4 THE JUDICIAL MAGISTRATE NO.II, SALEM.

5 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SALEM.

6 THE INSPECTOR OF POLICE THIRUMANGALAM TALUK POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

7 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1 CC to M/s.G.KARUPPASAMY PANDIAN, Advocate ( SR-2764[I] dated 31/03/2021 ) ORDER IN CRL MP(MD) No.2682 of 2021 in Crl.A(MD)No.386 of 2020 Date :29/03/2021 AM JM/PN/SAR II/17.04.2021/2P/10C https://hcservices.ecourts.gov.in/hcservices/ 2/2