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Madras High CourtCRL MP(MD)/4030/2021ordered

Venkatesh v. The Inspector Of Police,

2021-06-28Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of June 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.339 of 2020 VENKATESH ... PETITIONER/PETITIONER/APPELLANT Vs THE STATE REP.BY ITS., THE INSPECTOR OF POLICE, TIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT, CRIME NO.301 OF 2015 ... 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.1186 of 2021 in Crl.A.(MD) No.339 of 2020 dated 04/03/2021 pending disposal of the Crl.A.

Prayer in Crl.M.P.(MD) No.1186 of 2021:

To suspend the sentence imposed by the IVth Additional District Sessions Court, Madurai in S.C.No.508 of 2016 in 14.10.2020 as against the Petitioner pending disposal of the Criminal Appeal. Prayer in Crl.A.(MD) No.339 of 2020:

To set aside the conviction and sentence imposed by the IVth Additional District Sessions Court, Madurai in S.C.No.508 of 2016 on 14.10.2020 and allow this Criminal 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.M.JEGADEESH PANDIAN, Advocate for the petitioner and of Mr.S.RAVI, 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 1/3

Crl.M.P.(MD)No.1186 of 2021 in Crl.A.(MD).No.339 of 2020, dated 04.03.2021, pending disposal of the criminal appeal.

2. While suspending the sentence, this Court directed the petitioner to appear before the IV Additional District and Sessions Court, Madurai, daily at 10.30 a.m., until further orders.

3. It is represented by the learned counsel for the petitioner and the learned Standing counsel appearing for the respondent that the petitioner complied the condition from 15.03.2021 to 10.05.2021 and thereafter, he did not comply the condition. It is the submission of the learned counsel for the petitioner that in view of the lock down imposed by the Government and the Circular issued by the High Court, the petitioner could not comply the condition of this Court.

4. In the light of the above fact, the condition imposed on the petitioner is modified, directing the petitioner to appear before the respondent police, on every Saturday and Sunday at 10.30 a.m. until further orders.

5. The Criminal Miscellaneous Petition is ordered accordingly. sd/- 28/06/2021 / 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 IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI.

2.THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

3.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2/3

5.THE INSPECTOR OF POLICE, TIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT 6.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL A(MD)No.339 of 2020 Date :28/06/2021 AKV PK/PN/SAR-I/01.07.2021 : 3P/7C 3/3