Chozhan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA and The Hon`ble Mr.Justice K. RAJASEKAR in CRL A(MD) No.520 of 2021 CHOZHAN ... PETITIONER/APPELLANT Vs THE DEPUTY SUPERINTENDENT OF POLICE, JEEYAPURAM SUB DIVISION, TIRUCHIRAPPALLI DISTRICT.

(CRIME NO.389/2017) ... RESPONDENT/COMPLAINANT Criminal Miscellaneous 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 upon the petitioner/appellant in Crl.MP(MD)No.10742/2023 in Crl.A(MD)No.520/2021, dated 26/04/2024.

Prayer in CRL MP(MD).10742/2023 :

To Suspend the Sentence imposed on the Petitioner by the 1st Additional District and Sessions Judge(PCR),Tiruchirappalli in Special SC.No.11 of 2019 dt.29.10.2021 and release the Petitioner on bail pending disposal of the above Criminal Appeal.

Prayer in Crl.A.(MD) No.520 of 2021:

To call for the records and to set aside the judgment passed by the 1st Additional District & Sessions Judge (PCR), Tiruchirappalli in Special S.C.No.11 of 2019 dated 29.10.2021 and acquit the appellant herein.

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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 M/S.C.KARTHIKEYAN, Advocate for the petitioner and of MR.RMS.SETHURAMAN, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Petition is filed seeking to relax the condition imposed on the petitioner in Crl.M.P(MD)No.10742/2023 in Crl.A(MD)No.520/2021, dated 26.04.2024. 2.The learned counsel appearing for the petitioner would submit that while granting suspension of sentence, this Court imposed a condition that the petitioner shall appear before the respondent police daily at 10.30 a.m.

, until further orders and the petitioner has been complying with the condition from 02.05.2024. It is further stated that in view of the condition imposed on the petitioner, he is not able to go for regular work and earn for his livelihood and hence, his entire family is suffering. 3.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has been complying with the condition regularly from 02.05.2024.

4.In the light of the above fact, the condition imposed on the petitioner in Crl.M.P(MD)No.10742 of 2023 in Crl.A(MD)No.520 of 2021, dated 26.04.2024 is modified to the effect that the petitioner is directed to appear before the First Additional District and Sessions Judge (PCR), Tiruchirapalli on the first working day 2/3

of every month at 10.30 a.m., until further orders.

5. Accordingly, this petition is ordered.

sd/- 20/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

am TO 1 THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE(PCR), TIRUCHIRAPPALLI.

2 THE DEPUTY SUPERINTENDENT OF POLICE, JEEYAPURAM SUB DIVISION, TIRUCHIRAPALLI DISTRICT.

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

ORDER

IN in CRL A(MD) No.520 of 2021 Date :20/06/2024 RS/VR/SAR-(28.06.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3