Lakshmanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and The Hon`ble Mr.Justice B.PUGALENDHI CRL MP(MD) No.2843 of 2021 IN CRL MP(MD) No.7209 of 2020 IN CRL.A(MD)NO.369 OF 2020 1 LAKSHMANAN 2 DHARMARAJ 3 BENJAMIN ... PETITIONERS/APPELLANTS Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, CR NO.95/2016, TIRUNELVELI DISTRICT. ... 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 on the petitioners in Crl.M.P.(MD) No.7209/2020 in Crl.A.(MD) No.369/2020 dated 22/01/2021 and thus render justice.

PRAYER IN CRL MP(MD) No.7209 of 2020:

To SUSPEND THE SENTENCE in conviction made in the Judgment passed by the IV Additional Sessions Judge,Tirunelveli in SC.No. 765 of 2016 dated 13.10.2020.

Prayer in CRL A(MD) No.369 of 2020:

To admit this appeal on file, to call for the records from the Lower Court and to duly set aside the judgment passed by the Learned IVth Additional District Judge, Tirunelveli District in S.C.No.765/2016 dated 13.10.2020.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing

the arguments of M/S.SORIMUTHU.V., Advocate for the petitioner and of MR.S.CHANDRASEKARAN, Additional Public Prosecutor for the Respondent the court made the following order:- [Order of the Court was made by K.KALYANASUNDARAM, J.] This Petition has been filed seeking to relax the condition imposed by this Court on the Petitioners in Crl.M.P(MD) NO.7209 of 2020 in Crl.A(MD)No.369 of 2020, dated 22.1.2021. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court, including the earlier order made in Crl.M.P(MD)NO.7209 of 2020 in Crl.A(MD) No.369 of 2020,dated 22.1.2021.

3.It is represented by the learned counsel appearing for the Petitioners that the Petitioners are daily wagers and they have been complying with the conditions from 13.2.2021. In view of the condition imposed by this Court, they are not able to go for their work and that their family is suffering. 4.Mr.S.Chandrasekar, learned Additional Public Prosecutor appearing for the respondent/State would submit that the Petitioners are regularly complying with the conditions from 13.2.2021.

5.In the light of the above submissions, we are inclined to modify the condition to the effect that the Petitioners shall appear before the Committal Court on the first working day of every English Calendar month at 10.30 a.m., until further orders. 6.This Criminal Miscellaneous Petition is ordered accordingly.

sd/- 07/04/2021 / 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 JUDICIAL MAGISTRATE NO.II, POONTHAMALLI.

5 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUVALLUR.

6 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

7 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL MP(MD) No.2843 of 2021 IN CRL MP(MD) No.7209 of 2020 IN CRL A(MD) No.369 of 2020 Date :07/04/2021 vsn GJM/24/04/2021-3p-9c