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Madras High CourtCRL MP(MD)/5170/2023disposed of

Thirukumaran v. The Inspector Of Police

2023-03-30Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.K. Ramakrishnan2 pages

CRL MP(MD) No.5170 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CRL MP(MD) No.5170 of 2023 in CRL A(MD)No.822 of 2022 THIRUKUMARAN ... PETITIONER(S) Vs THE STATE REP BY, THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TENKASI DISTRICT.

CR.NO.530/2020 ... RESPONDENT(S) Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Extent the interim suspension granted to the petitioner by this Honourable Court in Crl.M.P.(MD).No.4359/2023 in Cr.A.(MD). No.822/2022 vide its order dated 17.03.2023 to a further period of 15 days.

PRAYER IN CRL A(MD)No.822 of 2022:

Pleased to call for the records pertaining to the order made in S.C.No.409 of 2021 dated 29.08.2022 on the file of learned Principal Sessions Judge, Tirunelveli and set aside the same by allowing above appeal.

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.R.L.DHILIPHAN PANDIAN, Advocate for MR.D.RAJABOOPATHY, Advocate for the petitioner and of MR.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor on behalf of the Respondents the court made the following order:- (Order of the Court was made by R.SURESH KUMAR, J.) The statements made by the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent have been considered. https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.5170 of 2023 2.The petitioner's mother on 24.03.2023 was admitted in the hospital and on the next day, she got discharged. Therefore, as of now, she is taking rest or treatment at home itself. 3.The petitioner is having two sisters, who are residing very nearby at Tirunelveli.

4.Therefore, considering all these aspects, further requirement of presence of the petitioner to look after his mother at this juncture does not arise. Therefore, the interim suspension already granted by this Court by order dated 17.03.2023 need not be extended further.

5.In view of the same, the petitioner shall return to the prison on 31.03.2023 at 05.00 p.m.. Accordingly, this Criminal Miscellaneous Petition is disposed of.

sd/- 30/03/2023 / TRUE COPY / 30/03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MYR TO 1 THE PRINCIPAL SESSIONS JUDGE, TIRUNELVELI.

2 THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TENKASI DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, TIRUNELVELI.

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

ORDER

IN CRL MP(MD) No.5170 of 2023 in CRL A(MD)No.822 of 2022 Date :30/03/2023 PKP/SBN/SAR- /30.03.2023/ 2P/5C https://www.mhc.tn.gov.in/judis 2/2