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Madras High CourtCRL MP(MD)/4851/2018allowed

Jose Dhanapal v. The Inspector Of Police

2018-07-12Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.4851 of 2018 IN CRL A(MD) No.281 of 2016 JOSE DHANAPAL ... PETITIONER/ APPELLANT/ ACCUSED Vs STATE REPRESENTED BY.BY THE INSPECTOR OF POLICE VIGILANCE & ANTI CORRUPTION DEPARTMENT, NAGERCOIL ... RESPONDENT/ RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to condone the absence on 01.06.2018 as per this Honourable Court order granted in Crl.MP(MD)No.6495/2016 in Crl.A(MD)No.281/2016, dated 08.08.2016.

PRAYER IN CRL A(MD) No.281 of 2016:

To allow the appeal and acquit the Appellant by setting aside the conviction and sentence imposed on him by the judgment dated 13.06.2016 made in Special Case No.2 of 2010 on the file of the Hon'ble Special Judge cum Chief Judicial Magistrate, Nagercoil. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.F.DEEPAK, Advocate for the petitioner and of Mr.CHANDRASEKAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- Heard both sides.

2.On the side of the petitioner, it is stated that due to illness the petitioner was not able to abiding the condition and to appear before the Judicial Magistrate on 01.06.2018. When the petitioner appeared before the Court on 01.07.2018 he was not allowed to sign. Hence, the petitioner prayed to condone the absence on 01.06.2018.

2.In these circumstances, this Court there is no reason for the petitioner not to file this petition earlier. Hence, this Petition is allowed with cost of Rs.500/- (Rupees Five Hundred only) to be https://hcservices.ecourts.gov.in/hcservices/

paid by the petitioner to the Hon'ble Chief Justice Relief Fund on or before 20.07.2018.

3.Post the matter on 23.07.2018 for reporting compliance. sd/- 12/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL JUDGE CUM CHIEF JUDICIAL MAGISTRATE, NAGERCOIL.

2 THE INSPECTOR OF POLICE VIGILANCE & ANTI CORRUPTION DEPARTMENT, NAGERCOIL 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:

THE SECTION OFFICER,(the Hon'ble Chief Justice Relief Fund) ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.4851 of 2018 IN CRL A(MD) No.281 of 2016 Date :12/07/2018 TK/MMS/ASVM/23.07.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/