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Madras High CourtCRL MP(MD)/5807/2024modified

Rahim @ Kamardeen v. The Inspector Of Police

2024-06-13Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN IN CRL A(MD) No.895 of 2023 RAHIM @ KAMARDEEN ... PETITIONER/PETITIONER/APPELLANT Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI THENI DISTRICT, CRIME NO.13/2020 ... RESPONDENT/RESPONDENT/COMPLAIANNT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition granted in the order dated 19.03.2024 made in Crl.M.P.No.1462 of 2024 on the file of this Honble Court in respect of 1st condition alone. PRAYER IN CRL A(MD)No. 895 of 2023:

To call for the records relating to the judgment dated 05.08.2023 made in Spl.S.C.No. 60 of 2020 on the file of Fast Track Mahila Sessions Court, Theni and set 1/4

aside the conviction and sentence imposed against the Appellant/accused and allow above appeal by acquitting the accused.

PRAYER IN CRL MP(MD)No. 1462 of 2024:

Pleased to suspend the sentence and enlarge the petitioner on bail imposed on the appellant by the judgment dated 05.08.2023 made in Spl.SC.No.60/2020 on the file of Fast Track Mahila Sessions Court, Theni Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.U.MOHAMED ASLAM, Advocate for M/S.AJMAL ASSOCIATES, for the petitioner and of Mr.M.MUTHUMANIKKAM, Government Advocate(crl.side) on behalf of the Respondent, the court made the following order:- This Miscellaneous Petition has been filed to modify the condition imposed in the order dated 19.03.2024 made in Crl.M.P.No.1462 of 2024 on the file of this Court in respect of first condition alone.

2.The learned counsel for the petitioner would submit that the petitioner is a very poor man and hence, the condition imposed by this Court to execute a bond for a sum of Rs.25,000/- with two blood sureties is an onerous condition. Accordingly, he prayed to modify the said condition.

3.Considering the said submission, the condition imposed as against the 2/4

petitioner is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with one surety for a like sum to the satisfaction of the learned Additional and Sessions Judge, Mahalir Neethi Mandram (FTC), Theni.

sd/- 13/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE ADDITIONAL DISRICT AND SESSIONS JUDGE, MAHALIR NEETHI MANDRAM( FTC) THENI THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI THENI DISTRICT, THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

+1 CC to M/s.A.SHEIK ABDULLA, Advocate ( SR-27175[F] dated 13/06/2024 ) 3/4

ORDER

IN IN CRL A(MD) No.895 of 2023 Date :13/06/2024 SA/GS/SAR. /18.06.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4