M.Kaja Ismail @ Ottu Kaja v. The Administrative Executive Magistrate And The Deputy Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of June Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.4093 of 2021 IN CRL RC(MD)No.296 of 2021 M.KAJA ISMAIL @ OTTU KAJA ... PETITIONER/PETITIONER/ PETITIONER Vs 1 THE ADMINISTRATIVE EXECUTIVE MAGISTRATE AND THE DEPUTY COMMISSIONER OF POLICE, LAW AND ORDER, TIRUNELVELI CITY.
2 THE STATE REP. BY THE INSPECTOR OF POLICE,(LAW AND ORDER), MELAPALAYAM POLICE STATION, TIRUNELVELI CITY.
3 THE SUPERINTENDENT OF PRISON, PALAYAMKOTTAI CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. ... RESPONDENTS/RESPONDENTS/ RESPONDENTS 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 on the petitioner while granting suspension of sentence, by this Honourable Court in Crl.M.P.(MD) No.3419 of 2021 in Crl.R.C.(MD) NO.296 of 2021 dated 29/04/2021. Prayer in CRL MP(MD) No.3419 of 2021:
Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the Sentence imposed in E.M.C No.169/Sec /Pre/ DC L and O / Tin-c/2020 dated 30.09.2020 order passed under Section 122 (1) (b) r/w. 117 Cr. P. C dated 05.03.2021 by the 1stRespondent and release the Petitioner on bail till the disposal of the main revision petition.
PRAYER IN Crl.RC(MD)No.296 of 2021:
To call for the entire records relating to the order under section 122(1)(b)r/w.117 of Criminal Procedure code dated 05.03.2021 by his proceedings in E.M.C No.169/Sec /Pre/ DC L and O /Tin-c/2020 dated 30.09.2020 order passed the 1st respondent and set aside the same as illegal and allow the above Criminal Revision Petition. 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.SABEER MOHAMED I, Advocate for the petitioner and of Mr.P.KOTTAICHAMY, Standing Counsel for Government on behalf of the Respondents, the Court made the following order:- This petition has been filed to relax the condition imposed on the petitioner in Crl.M.P(MD)No.3419 of 2021 in Crl.R.C(MD)No.296 of 2021, dated 29.04.2021.
2.The learned counsel for the petitioner submitted that the petitioner has been complying with the condition imposed by this Court in Crl.M.P(MD)No.3419 of 2021 in Crl.R.C(MD)No.296 of 2021, dated 29.04.2021 regularly and he prayed for relaxation of the said condition.
3.Mr.P.Kottaichamy, the learned Standing Counsel appearing for the respondents has strongly opposed to relax the condition. 4.Taking into consideration of the submissions made by both the learned counsel, the condition imposed by this Court in Crl.M.P(MD) No.3419 of 2021 in Crl.R.C(MD)No.296 of 2021, dated 29.04.2021 is modified to the effect that the petitioner shall appear before the respondent police once in a week i.e., on the first working day of every week at 10.30 a.m. until further orders. This petition is ordered accordingly.
sd/- 18/06/2021 / 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 ADMINISTRATIVE EXECUTIVE MAGISTRATE AND THE DEPUTY COMMISSIONER OF POLICE, LAW AND ORDER, TIRUNELVELI CITY.
2 THE INSPECTOR OF POLICE,(LAW AND ORDER), MELAPALAYAM POLICE STATION, TIRUNELVELI CITY.
3 THE SUPERINTENDENT OF PRISON, PALAYAMKOTTAI CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.4093 of 2021 IN CRL RC(MD)No.296 of 2021 Date :18/06/2021 VSD TE/MNR/SAR-IV : 23/06/2021 : 2P/5C