Syed @ Syed Abdhahir v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth 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.M.P.(MD).No.7330 of 2021 in Crl.A(MD) No.301 of 2020 1 SYED @ SYED ABDHAHIR 2 RAFFEK @ KALANDHAR RAFEEK ... PETITIONERS/PETITIONERS / APPELLANTS Vs THE STATE OF TAMIL NADU THE INSPECTOR OF POLICE S.P.PATTINAM POLICE STATION, RAMANTHAPURAM DISTRICT.
CR.NO.70 OF 2011 ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to pass an order of modification to modify the condition No.(ii) made in the order dated 30/06/2021 in Crl.M.P.(MD) No.4901 of 2020 in Crl.A.(MD) No.301 of 2020 on the file of this Honourable High court as if to direct the 1st petitioner to report before the Respondent police and the 2nd petitioner to report before the R7- K.K. Nagar Police Station, Chennai, instead of directing the petitioner shal reside at Madurai and appear before Anna Nager Police Station at 10.30 am, on every Monday until further orders. PRAYER IN CRL A(MD) No.301 of 2020:
To set aside the conviction and sentence dated 30.07.2020 passed in S.C.No.49/2012 on the file of the learned Additional District and Sessions Court, Ramanathapuram.
Order :This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.RAVI CHANDRA RAMA VANNI A, 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, by an order dated 30.06.2021 in Crl.M.P.(MD) No.4901 of 2020 in Crl.A.(MD) No.301 of 2020, suspended the sentence imposed on the petitioners, on condition that the petitioners shall reside at Madurai and appear before Anna Nagar Police Station at 10.30 a.m., on every Monday until further orders. To modify the above said condition, the present Criminal Miscellaneous Petition has been filed.
2. The learned counsel appearing for the petitioners would submit that the petitioners are the resident of Ramanathapuram District and they are doing coolie work and they have no means to stay in Madurai and from the date of release on bail they are complying with the conditions and hence, he seeks modification. 3.Learned Additional Public Prosecutor would submit that the petitioners are regularly complying with the conditions.
4. Considering the fact that the petitioners are regularly complying with the conditions, we are inclined to modify the condition as follows:
The petitioners are directed to appear before the Trial Court, once in a month on the every first working day at 10.00 a.m., and the other conditions remain unaltered.
5. Accordingly, this petition is ordered.
Sd/- 29/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE ADDITIONAL DISTRICT AND SESSIONS COURT, RAMANATHAPURAM.
2. THE JUDICIAL MAGISTRATE, THIRUVADANAI.
3. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
4. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
5 THE INSPECTOR OF POLICE S.P.PATTINAM POLICE STATION, RAMANTHAPURAM DISTRICT.
6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION MADURAI.
+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-6681[I] dated 29/09/2021 )
ORDER
IN Crl.M.P.(MD).No.7330 of 2021 in Crl.A(MD) No.301 of 2020 Date :29/09/2021 VB/VR/SAR.III/04.10.2021/3P/9C