K.Shanmugasekar v. The Inspector Of Police

CRL MP(MD) No.6038 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third 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 CRL MP(MD) No.6038 of 2021 in CRL A(MD) No.346 of 2019 K.SHANMUGASEKAR ... PETITIONER / PETITIONER / APPELLANT/ACCUSED NO.1 Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, EMANESWARAM POLICE STATION, RAMNATHAPURAM DISTRICT.

CRIME NO.161 OF 2016.

... 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 by this Hon'ble Court dated 2.3.2021 in Crl.MP.(MD).No.9360 of 2019 in Crl.A.(MD).No.346 of 2019. Prayer in CRL A(MD) No.346 of 2019 :

Pleased to set aside the Judgment dated 12.07.2019 made in S.C.No.105/2017 on the file of the learned Additional District and Sessions Judge, Paramakudi against the appellant and allow the above 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.S.RAMSUNDARVIJAYRAJ, Advocate for the petitioner and of Government Advocate on behalf of the Respondent, the court made the following order:- (Order of the Court was made by V.BHARATHIDASAN,J.) Earlier, this Court, by an order dated 02.03.2021, in Crl.M.P. (MD) No.9360 of 2019 in Crl.A.(MD) No.346 of 2019, suspended the sentence imposed on the petitioner, on condition that the petitioner shall appear before the trial Court once in a week i.e., on every Monday at 10.00 a.m. To relax the condition, the present Criminal Miscellaneous Petition has been filed.

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CRL MP(MD) No.6038 of 2021

2. The learned counsel appearing for the petitioner would submit that the petitioner has complied with the condition from March 2021 and due to Covid-19 Pandemic situation, the petitioner is facing difficulty in appearing before the Court once in a week. Hence, the condition may be modified.

3. Heard the counsel appearing for the respondent.

4. Considering the facts and circumstances of the case, we are inclined to modify the condition directing the petitioner to report before the trial Court on the first working day of every English Calendar month at 10.00 a.m. until further orders. Accordingly, this petition is ordered.

sd/- 03/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PARAMAKUDI.

2. THE JUDICIAL MAGISTRATE, PARAMAKUDI.

3. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

4. THE INSPECTOR OF POLICE, EMANESWARAM POLICE STATION, RAMNATHAPURAM DISTRICT.

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

+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate(SR-5926[I] dated 3/9/2021 ORDER IN CRL MP(MD) No.6038 of 2021 in CRL A(MD) No.346 of 2019 Date :03/09/2021 akv/ebsi USK/JM/SAR-IV/08.09.2021/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2