Eswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of June Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP Crl.M.P.(MD).No.4363 of 2021 in Crl.A.(MD).No.11 of 2017 ESWARI ... PETITIONER/PETITIONER/APPELLANT Vs THE STATE BY THE INSPECTOR OF POLICE KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT, CRIME NO. 13 OF 2005. ...COMPLAINANT/ RESPONDENT/RESPONDENT 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 in Cr.MP(MD)No.3004 of 2017 dated 01.06.2017 in Crl.A(MD)NO.11 OF 2017 on the file of this Honble court.

PRAYER IN Crl.A.(MD).No.11 of 2017:

To call for the records in S.C.No.7 of 2014 dated 09.01.2017 on the file of the Learned District Fast Track Mahila Court, Sivagangai and set aside the same.

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.KUMAR.T., Advocate for the petitioner and of MR.T.SENTHIL KUMAR, Government Advocate(Crl Side) for the Respondent the court made the following order:- This Criminal Miscellaneous Petition has been filed by the appellant in Crl.A(MD).No.11 of 2017. The appeal is of the year 2017, instead of prosecuting the appeal, this petition has been filed seeking for further relaxation of the condition imposed on the petitioner in Crl.M.P(MD).No.3004 of 2017 dated 01.06.2017 in Crl.A (MD).No.11 of 2017.

2.The learned counsel for the appellant submitted that the learned Trial Judge had framed charges and after due trial, the learned Trial judge had convicted the appellant. Thereafter, A3 filed the present appeal before this Court.

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3.When the case taken up for hearing, on 01.06.2017, this Court had ordered conditional bail to the petitioner with some conditions. Subsequently the petitioner has filed a petition in Crl.M.P(MD). No.3004 of 2017 in Crl.A(MD).No.11 of 2017, seeking for relaxation of condition, the same was considered by directing the petitioner to appear before the Sessions Judge, Fast track Mahila Court, Sivagangai on the first working day of every month at 10.30 a.m. until further orders.

4.Considering the facts and circumstance of this Case and also the fact that the appeal is pending from the year 2017, this Court is not inclined to allow this petition for further relaxation of conditions.

5.Accordingly, this petition is dismissed.

6. The learned counsel for the appellant/petitioner herein directed to argue the appeal in Crl.A.(MD).No.11 of 2017 itself so that the appeal itself can be disposed of on merits. 7.Post the appeal on 19.07.2021.

Sd/- 29/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, SIVAGANGAI

2. THE DISTRICT FAST TRACK MAHILA COURT, SIVAGANGAI 3 THE INSPECTOR OF POLICE KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN Crl.M.P.(MD).No.4363 of 2021 in Crl.A.(MD).No.11 of 2017 Date :29/06/2021 VB/JC/SAR.II/07.07.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/