Radhakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of July 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.112 of 2023 RADHAKRISHNAN ... PETITIONER/APPELLANT/ACCUSED NO.7 Vs THE INSPECTOR OF POLICE B3-THEPPAKULAM POLICE STATION, MADURAI.

IN CRIME NO.1134/2017.

... RESPONDENT/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 by this Honble Court by its order dt.08.02.2024 in Crl MP(MD) No.760/2024 in Crl A(MD) No.112/2023 on the file of this Honble Court. PRAYER IN Crl.A(MD)No.112 of 2023:

To call for the records and set aside the conviction and sentence passed in S.C.No.267 of 2019 dated 21.12.2022 by the learned Sessions Judge, Mahalir Neethimandram, Madurai.

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.BALA KARTHICK.S, Advocate for the petitioner and of MR.R.MEENAKSHI 1/4

SUNDARAM, 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.760 of 2024 in Crl.A(MD)No.112 of 2023, dated 08.02.2024.

2. The learned counsel appearing for the petitioner would submit that he was complying the condition regularly as per the order of this Court and thereafter, he filed a petition for relaxing the condition imposed upon him in Crl.M.P(MD)No.760 of 2024, dated 08.02.2024 and this Court modified the condition and directed the petitioner to appear before the J4, Kotturpuram Police Station, Chennai monthly once due to his medical condition. He was regularly appearing before the J4, Kotturpuram Police Station, Chennai till date. He is in very advanced stage of cancer and taking chemotherapy treatment once in 12 days and he requires regular visits to the hospital for his further chemotherapy in Asirvatham Speciality Hospital and due to his health condition, it is difficult for him to comply with the condition imposed on him.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has been complying with the condition regularly. 2/4

4. In the light of the above fact, the condition imposed on the petitioner in Crl.M.P(MD)No.760 of 2024 in Crl.A(MD)No.112 of 2023, dated 08.02.2024 is modified to the effect that the petitioner is directed to appear before the Sessions Court, Mahalir Neethimandram, Madurai on the first working day of every month at 10.30 a.m., until further orders.

5. Accordingly, this petition is ordered.

sd/- 01/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

am TO THE SESSIONS JUDGE, MAHALIR NEETHIMANDRAM, MADURAI.

THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION,MADURAI.

THE INSPECTOR OF POLICE J4, KOTTURPURAM POLICE STATION, CHENNAI.

3/4

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

+1 CC to M/s.M/S.S.BALA KARTHICK, Advocate ( SR-7273[I] dated 03/07/2024 )

ORDER

IN in Crl.A(MD).No.112 of 2023 Date :01/07/2024 RK/JGB(15/07/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4