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Madras High CourtCRL MP(MD)/5738/2021ordered

Venkadesh v. The Inspector Of Police

2021-09-20Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN and The Hon`ble Mrs.Justice J.NISHA BANU IN CRL A(MD) No.339 of 2020 VENKADESH ... PETITIONER/PETITIONER/ PETITIONER/APPELLANT Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT.

CR.NO.301 OF 2015 ... RESPONDENT/RESPONDENT/ 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 in Crl.MP.(MD) No.4430 of 2021 in Crl.M.P.(MD) No.1186 of 2021 in Crl.A(MD) NO.339 of 2020 dated 28/06/2021 pending disposal of the Criminal Appeal. PRAYER IN CRL A(MD) No.339 of 2020:

To set aside the conviction and sentence imposed by the IVth Additional District Sessions Court, Madurai in S.C.No.508/2016 on 14.10.2020 and allow this Criminal Appeal.

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.M.JEGADEESH PANDIAN, Advocate for the petitioner and of Mr.S.RAVI, Additional public prosecutor on behalf of the Respondent, the Court made the following order:- (Order of the Court was made by V.BHARATHIDASAN,J.) Earlier, this Court, while suspending the sentence of imprisonment, on 04.03.2021, directed the petitioner/accused to appear before the IV Additional District and Sessions Court, Madurai, daily at 10.30 a.m., until further orders. Thereafter, 1/3

this Court, by an order dated 28.06.2021, directed the petitioner to appear before the respondent Police on every Saturday and Sunday, at 10.30 a.m., until further orders. To modify the said condition, the present Miscellaneous Petition has been filed.

2. Mr.S.Ravi, the learned Standing Counsel appearing for the State, on instructions, submitted that the petitioner has been complying with the condition regularly from 13.07.2021, till today.

3. The learned counsel appearing for the petitioner submitted that in respect of co-accused, this Court imposed a condition to appear before the trial Court once in a month and therefore, a similar order may be passed.

4. Considering the above submissions, the condition imposed by this Court, by our order dated 28.06.2021 is modified and the petitioner is directed to appear before the trial Court at 10.30 a.m., on the first working day of every English Calendar month, until further orders.

5. This petition is ordered accordingly.

sd/- 20/09/2021 / 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 IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI.

2 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

4 THE INSPECTOR OF POLICE THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN IN CRL A(MD) No.339 of 2020 Date :20/09/2021 SS/JC/SAR-III/23.09.2021 : 3P/6C 3/3