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Madras High CourtCRL MP(MD)/5929/2023ordered

K.M.C Stephen v. The Public Prosecutor

2023-04-12Honourable Mr Justice K.Murali Shankar2 pages

CRL MP(MD) No.5929 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.5929 of 2023 in CRL RC(MD) SR.No.2345 of 2023 K.M.C.STEPHEN ... PETITIONER/PETITIONER/PETITIONER Vs 1 THE STATE OF TAMILNADU, REP. BY THE PUBLIC PROSECUTOR, NAGERCOIL.

2 T.THANISLAUS ... 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 extend the time in Crl.M.P.(MD)No.2255 of 2023 in Crl.R.C.(MD) SR.No.2345 of 2023 for a period of 2 months for deposit a sum of Rs.1,00,000/- before the trial court and thus render justice. PRAYER IN Crl.R.C.(MD)SR.No.2345 of 2023:- To call for the records to set aside the judgement and conviction dated 26.08.2022 made in C.A.NO.9 of 2010 on the file of the learned Additional District and Sessions Judge, Padmanabhapuram, by which confirming the judgement and conviction order in C.C.No.305 of 2006 on the file of the learned Judicial Magistrate, Padmanabhapuram, dated 21.01.2010 and acquit the petitioner/accused.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.MURUGESAN.N, Advocate for the petitioner and of MR.A.ALBERT JAMES, Government Advocate (Crl.Side) on behalf of the 1st Respondent and MR.E.V.N.SIVA, Advocate on behalf of the 2nd Respondent, the court made the following order:- This petition has been filed to extend the time for depositing a sum of Rs.1,00,000/- before the trial Court in Crl.M.P.(MD)No.2255 of 2023 in Crl.R.C(MD)No. SR2345 of 2023.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that due to ill https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.5929 of 2023 heath, he could not comply with the order of this Court. Hence, he seeks further time.

3. Considering the reasons stated by the learned counsel for the petitioner, this petition is allowed and time is extended till 05.06.2023.

4. Post the main case on 06.06.2023.

sd/- 12/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PADMANABHAPURAM. 2 THE JUDICIAL MAGISTRATE, PADMANABHAPURAM.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

+1 CC to M/s.MURUGESAN.N, Advocate ( SR-5743[I] dated 12/04/2023 )

ORDER

IN CRL MP(MD) No.5929 of 2023 in CRL RC(MD) SR.No.2345 of 2023 Date :12/04/2023 RS/MMS/SAR-2(17.04.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2