P.Suyambu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in Crl.OP(MD)No.8627 of 2022 P.SUYAMBU ... PETITIONER/3rd PARTY Vs 1 THE STATE REP BY, THE INSPECTOR OF POLICE MUNNIRPALLAM POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO.115 OF 2022.
...RESPONDENT/COMPLAINANT 2 SIVA @ ANTONY RAJA JEYARAJ ... RESPONDENT/PETITIONER/ACCUSED Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the order passed by this Honble Court in Crl.OP.(MD).No.8627 of 2022 vide order dated.11.07.2022 by deleting the condition in respect of the payment of Rs.2,50,000/- to be paid by the Petitioners College.
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.R.ANAND, Advocate for the petitioner and of MR.M.VAIKKAM KARUNANITHI, Government Advocate (Crimal Side)on behalf of the Respondent, the court made the following order:- This miscellaneous petition has been filed seeking modification of the order passed in Crl.OP(MD)No.8627 of 2022, dated 11/07/2022 deleting the condition in respect of payment of Rs.2,50,000/- to be paid by the petitioner's college.
2.While passing order in Crl.OP(MD)No.9320 of 2022, this court directed the college administration to pay Rs.2,50,000/- for medical treatment and for meeting out the livelihood during the course of recovery period. On that account, the matter was ordered to be listed under the caption for reporting compliance. In the meantime, 1/3
this petition has been filed by the college administration represented by the petitioner, who is the Director of the educational institution.
3.Now the grievance of the college administration is that payment of Rs.2,50,000/- towards medical treatment charges and making livelihood during the period of recovery is excessive in nature and the college administration is also find it difficulty to meet out the expenses of the college. Apart from that he has also submitted that the de-facto complainant went for treatment only in a government hospital. Since the de-facto complainant already facing disciplinary proceedings payment of such compensation will create indiscipline among the students. On that account, they wants modification.
4.The main petitioner extended humanitarian offer on behalf of the college administration to pay and meet out the medical expenses of the de-facto complainant. The circumstance under the above said complaint came to be lodged was also taken into consideration by this court. But only on humanitarian ground considering the fact that the de-facto complainant is a poor studet undergoing engineering course and finding that she is still in the bed such amount was fixed by this court and if the petitioner college administration feels that it is excessive that can be reduced. but other grounds that are mentioning in the petition cannot be accepted.
5.The fear that this order may be taken as a precedent in routine course is also out of place. Only on the basis of the humanitarian offer that was made on behalf of the college administration that amount was ordered. But however, considering the request made by the college administration, they find it difficult to run the college because of the financial difficulties, so I am of the considered view that the amount can be reduced to Rs.1,50,000/- Except that, no other relief can be grated to the college administration and the college administration must comply the undertaking and abide the same.
6.So with the above said modification, this petition stands disposed of.
7.Compliance must be reported before this court on 12/09/2022. sd/- 24/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE INSPECTOR OF POLICE MUNNIRPALLAM POLICE STATION, TIRUNELVELI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in Crl.OP(MD)No.8627 of 2022 Date :24/08/2022 ER PKP/SVR/SAR-1/07.09.2022/3P/3C 3/3