The Inspector Of Police v. Sandhanam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of August 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)SR.No.18840 of 2024 THE INSPECTOR OF POLICE AIRPORT POLICE STATION, TIRUCHIRAPPALLI DISTRICT.
CR. NO. 249/2019 STATE REP.BY THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT ... PETITIONER/APPELLANT/COMPLAINANT in CRL OP(MD)No.12175 of 2024 ... APPELLANT/COMPLAINANT in CRL A(MD)SR.No.18840 of 2024 Vs 1 SANDHANAM 2 BALAMURUGAN ... RESPONDENTS/RESPONDENTS/ ACCUSED 1 & 2 in CRL OP(MD)No.12175 of 2024 ... RESPONDENTS/ACCUSED 1 & 2 in CRL A(MD)SR.No.18840 of 2024 1/4
Criminal Original Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant leave to file an appeal to this Honble court against the acquittal judgment passed in the learned II Additional District and Sessions court, Tiruchirappalli district in S.C No. 211 of 2019 dated 09.12.2022.
PRAYER in CRL A(MD)SR.No.18840 of 2024:
To call for the records and set aside the order of acquittal rendered in Judgment dated 09.12.2022 made in S.C.No.211/2019 on the file of the II Additional District and Sessions Court, Tiruchirappalli District by allowing this Criminal Appeal and convict the Respondents/Accused 1 & 2 as charged. ORDER : These petitions coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.A.THIRUVADI KUMAR, Additional Public Prosecutor for the petitioner and of MR.S.RAMSUNDARVIJAYRAJ, Advocate on behalf of the Respondents, the Court made the following order:- [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This miscellaneous petition is filed seeking leave of this Court to file an appal against the Judgment dated 09.12.2022, passed in S.C.No.211 of 2019, by the learned II Additional District and Sessions Judge, Tiruchirappalli, acquitting the accused from the charges framed against them.
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2. Apart from other grounds, learned Additional Public Prosecutor for the petitioner would submit that the Trial Court, despite availability of eyewitnesses to the occurrence, based on the certain minor contradictions, which do not materially affect the prosecution case, has erred in acquitting the accused.
3. Heard Mr.S.Ramsundarvijayraj, learned counsel for the respondents.
4. Having gone through the Judgment of the Trial Court and the materials available on record and being satisfied with the reasons stated in the accompanying affidavit, this petition is allowed and leave is granted to the petitioner - Police to file appal against the judgment of acquittal passed by the Trial Court. sd/- 01/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
KRK TO 1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUCHIRAPPALLI DISTRICT.
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2 THE INSPECTOR OF POLICE, AIRPORT POLICE STATION, TIRUCHIRAPPALLI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in CRL A(MD)SR.No.18840 of 2024 Date :01/08/2024 SS/GS/SAR- /08/08/2024/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4