Jayaraj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI in Crl.RC(MD)No.617 of 2019 JAYARAJ ... PETITIONER/ PETITIONER / PETITIONER Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.31 OF 2007. ... RESPONDENT/ RESPONDENT / RESPONDENT 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 upon me vide order dated 15.10.2019 made in Crl.MP.(MD).No.8540 of 2019 in Crl.RC.(MD).No.617 of 2019,on the file of this Honble Court.

Prayer in Crl.RC(MD)No.617 of 2019:

To call for the records and set aside the conviction and sentence imposed by the Additional District and Sessions Court, Virudhunagar in Crl.A.No.28 of 2016 on 02.08.2019 in confirming the conviction and sentence imposed by the Judicial Magistrate Court, Aruppukottai in C.C.No.289 of 2007 on 02.03.2010 and allows this Criminal Revision Petition.

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.M.RAMESH, Advocate for the petitioner and of MRS.M.AASHA, Government Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to relax the condition imposed by this Court in Crl.M.P.(MD)No.8540 of 2019 in Crl.R.C.(MD)No.617 of 2019, dated 15.10.2019.

2.By order, dated 28.08.2019 in Crl.M.P(MD)No.7597 of 2019, this Court granted suspension of sentence to the petitioner and directed the petitioner to appear before the concerned Court daily at 10.30 a.m. Thereafter, the petitioner filed a modification petition and the same was modified on 15.10.2019 and this Court 1/3

directed the petitioner to appear before the concerned Court on the first working day of every English calendar month until further orders. Now, the petitioner filed this petition to relax the said condition.

3.On the side of the petitioner, it is stated that the petitioner is unable to join duty and that the earlier petition was dismissed by this Court. It is further stated that he is complying the condition regularly and prayed the condition to be relaxed. 4.On the side of the learned Government Advocate (Crl.side), it is stated that the petitioner was convicted to undergo four months simple imprisonment and therefore, he filed Crl.M.P.(MD)No.7597 of 2019 and the same was allowed on 28.08.2019 and this Court imposed certain conditions and thereafter, the said condition was modified on 15.10.2019 and thereafter, the petitioner failed to comply with the said condition from 02.03.2020 till 16.12.2020. Hence, the earlier petition in Crl.M.P.(MD)No. 6515 of 2020 filed by the petitioner was dismissed on 16.12.2020. He fairly admitted that the petitioner is complying the condition from January 2021 to December 2021.

5.Since the petitioner is complying the condition for the past one year, this petition is allowed and the condition already imposed on the petitioner is relaxed and the petitioner is directed to appear before the concerned Court as and when required by the court. sd/- 13/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR.

2 THE JUDICIAL MAGISTRATE COURT, ARUPPUKOTTAI.

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3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

4 THE SUB INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to MR.M.RAMESH, Advocate ( SR-9266[I] dated 14/12/2021 )

ORDER

IN in Crl.RC(MD)No.617 of 2019 Date :13/12/2021 sji MK/PN/SAR.III/22.12.2021/3P/7C 3/3