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Madras High CourtCRL MP(MD)/5062/2022dismissed

Mohan v. The Inspector Of Police

2022-04-22Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

CRL MP(MD) No.5062 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mr.Justice N.SATHISH KUMAR CRL MP(MD) No.5062 of 2022 IN CRL A(MD) No.139 of 2021 MOHAN ... PETITIONER/PETITIONER/PETITIONER/ APPELLANT/ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE SAWYERPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME.NO.142 OF 2012 ... RESPONDENT/RESPONDENT/RESPONDENT/ 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 upon the petitioner in Crl.M.P.(MD) No.3716 of 2021 in Crl.A.(MD) No. 139 of 2021, dated 12/05/2021.

PRAYER IN CRL A(MD) No.139 of 2021:

To call for the records set aside the Judgment and Conviction dated 12.02.2021, by the learned II-Additional District and Sessions Judge, Thoothukudi in S.C.No.308 of 2016 and acquit the Appellant. 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.PONKARTHIKEYAN R, Advocate for the petitioner and of MR.A.THIRUVADIKUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- While granting bail to the petitioner by order, dated 09.04.2021, this Court has imposed condition directing the petitioner to appear before the Ramanathapuram Bazaar Police Station, Ramanathapuram, on every Monday at 10.30 a.m., until further orders and the petitioner sought for modification of the condition imposed on him in Crl.M.

P(MD) No.3716 of 2021. The said petition came to be allowed on 12.05.2021, requiring the petitioner to stay at Coimbatore and report before the Inspector of Police, Peelamedu Police Station, Coimbatore on every Monday at 10.30 a.m., until further orders.

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CRL MP(MD) No.5062 of 2022 2.Now the petitioner seeks further relaxation of the condition. The petitioner would claim that he has been complying with the condition regularly.

3.The learned Additional Public Prosecutor would submit that he is not getting proper response from the Peelamedu Police Station, Coimbatore. He would therefore, request that the petitioner is directed to appear before the Judicial Magistrate No.I, Coimbatore. 4.Considering the fact that the petitioner has appeared regularly and the difficulty expressed by the Additional Public Prosecutor, we modify the condition and direct the petitioner to appear before the learned Judicial Magistrate No.I, Coimbatore, on the first Monday of every English Calendar month at 10.30 a.m., till the disposal of the appeal.

5.Accordingly, this petition is ordered.

sd/- 29/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE II-ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI. 2 THE JUDICIAL MAGISTRATE NO.1, THOOTHUKUDI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 4 THE JUDICIAL MAGISTRATE NO.I, COIMBATORE.

5 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE. 6 THE INSPECTOR OF POLICE, SAWYERPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

7 THE INSPECTOR OF POLICE, PEELAMEDU POLICE STATION, COIMBATORE 8 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.5062 of 2022 IN CRL A(MD) No.139 of 2021 Date :29/04/2022 RS/PN/SAR.4 (04.05.2022) 2P-9C https://hcservices.ecourts.gov.in/hcservices/ 2/2