Balamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of July Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and The Hon`ble Mr.Justice B.PUGALENDHI in Crl.A.(MD).No.22 of 2020 BALAMURUGAN ... PETITIONER/ PETITIONER APPELLANT Vs STATE REP.BY THE INSPECTOR OF POLICE, C5 KARIMEDU (L & O) POLICE STATION, MADURAI CITY.
CRIME NO.87 OF 2016 ... 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 in Crl.M.P.(MD) No.197 of 2020 in Crl.A. (MD) No.22 of 2020 dated 11/01/2021 pending disposal of the Criminal Appeal.
Prayer in CRL A(MD) No.22 of 2020:
To call for the records in S.C.No.294 of 2017 dated 12.11.2019 on the file of the Learned I Additional District and Sessions Court, Madurai and set aside the same.
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.M.JEGADEESH PANDIAN, Advocate for the petitioner and of Mr.T.SENTHIL KUMAR, Standing Counsel for the State on behalf of the Respondent, the court made the following order:- (Order of the Court was made by K.KALYANASUNDARAM.,J) This petition has been filed to relax the condition imposed in Crl.M.P.(MD)No.197 of 2020 in Crl.A.(MD).No.22 of 2020, dated 11.01.2021, pending disposal of the criminal appeal.
2. While suspending the sentence, this Court directed the petitioner to reside at Chennai and report before IX Metropolitan 1/3
Magistrate, Saidapet, Chennai, daily at 10.30 a.m., until further orders.
3. It is represented by the learned counsel appearing for the petitioner as well as the learned Standing counsel appearing for the respondent that the petitioner complied the condition from 10.02.2021 to 21.04.2021. Since the petitioner's mother passed away on 22.04.2021 and subsequently lock down was imposed, the petitioner did not comply the condition. The death certificate of the petitioner's mother and the medical certificate were filed as additional documents and the same are placed on record.
4. Considering the representation of the learned counsels, the condition imposed in Crl.M.P.(MD).No.197 of 2020 is modified, directing the petitioner to appear before the respondent police once in a week ie., on every Monday at 10.30 a.m. until further orders.
5. The Criminal Miscellaneous Petition is ordered accordingly. sd/- 23/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
TO 1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI.
2 THE JUDICIAL MAGISTRATE NO.V, MADURAI.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
4 THE INSPECTOR OF POLICE, C5 KARIMEDU (L & O) POLICE STATION, MADURAI CITY.
5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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COPY TO:
THE IX METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI.
ORDER
IN CRL MP(MD) No.4469 of 2021 in Crl.A.(MD).No.22 of 2020 Date :23/07/2021 akv MS/VR/SAR-3/02.08.2021/3P.8C 3/3