Rajendran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of November Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice T.KRISHNAVALLI IN CRL A(MD) No.212 of 2019 RAJENDRAN ... PETITIONER/ ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE ANNAVASAL POLICE STATION, PUDUKOTTAI DISTRICT.
(CRIME NO.95 OF 2017) ... RESPONDENT/ COMPLAINANT 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 by this Hon`ble Court in Crl.MP.(MD) No.215 of 2020 in C.A.(MD)No.212 of 2019 pending on the file of this Hon`ble Court vide it's order dated 10.01.2020 pending disposal of the main criminal appeal.
PRAYER IN CRL A(MD) No.212 of 2019:
To call for the entire records pertaining to the judgment delivered by the learned Additional district and Sessions Judge, Pudukottai, Pudukkottai District in S.C.No.165 of 2017 vide his judgment dated 23.04.2019 and set aside the same by acquitting the appellant honorably.
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.R.ANAND, Advocate for the petitioner and of Mr.R.ANANDHARAJ, Additional Public Prosecutor on behalf of the Respondents, the court made the following order:- [Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner, who is arrayed as A1 in S.C.No.165 of 2017, on the file of the Additional District and Sessions Court, Pudukottai, was granted suspension of sentence by this Court, vide order dated 1/3
10.01.2020 in Crl.M.P.(MD) No.215 of 2020 directing him to stay at Trichy and report before the Inspector of Police, Cantonment Police Station, Trichy, daily at 10.30 a.m. until further orders.
2. Seeking relaxation of the above condition, the petitioner / A1 has filed the present criminal miscellaneous petition.
3. Mr.R.Anand, learned counsel appearing for the petitioner, would state that the petitioner / A1 has complied with the condition imposed by this Court right from 17.01.2020 to 24.03.2020 and in view of COVID-19 lockdown, he was not able to comply with the condition from 25.03.2020 till 24.08.2020 and from 24.08.2020 till date, he has been complying with the condition properly. 4.
Mr.R.Anandharaj, learned Additional Public Prosecutor appearing for the respondent, has not disputed the above statement of the learned counsel for the petitioner.
5. In this case, the petitioner / A1 is a native of Koothanipatti Village in Kulathur Taluk, Pudukottai District and he was directed to stay at Trichy and report before Cantonment Police Station by the earlier order of this Court. It is not disputed that in respect of the other accused, their sentence was suspended and they were directed to appear before the Committal Court on the first working day of every English Calendar month until further orders. So, we are inclined to modify the condition imposed on the petitioner / A1 to the effect that the petitioner / A1 shall appear before the learned Judicial Magistrate, Keeranur, on the first working day of every English Calendar month until further orders. 6.
Accordingly, this criminal miscellaneous petition is ordered.
sd/- 09/11/2020 / TRUE COPY / / /2020 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 2/3
TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT FOR EC AND NDPS ACT CASES, PUDUKOTTAI, PUDUKOTTAI DISTRICT.
2. THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI DISTRICT 3 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
4. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 5 THE INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT
6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
Copy To:
THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY,
ORDER
IN IN CRL A(MD) No.212 of 2019 Date :09/11/2020 AE/SMA/SAR-4/18.11.2020/3P.8C 3/3