Madras High CourtCRL MP(MD)/7900/2021modified

D.Lawrence @ Alphonse Lawrence v. The Inspector Of Police

2021-10-21Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN Crl.M.P(MD)No.7900 of 2021 in Crl.A(MD)No.252 of 2021 D.LAWRENCE @ ALPHONSE LAWRENCE ... APPELLANT/ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE KULASEKERAPATTINAM POLICE STATION, THOOTHUKUDI.

(CRIME NO. 231/2014) ... 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 court in Crl MP(MD) No. 4041 of 2021 vide order dated 02.07.2021 in Crl A (MD) No. 252 of 2021.

PRAYER IN CRL A(MD) No.252 of 2021:

To admit this Appeal on file and call for the records from the Lower Court namely Magila Neethimandram/ Session Judge(Fast Track Court), Tuticorin in S.C.No.162 of 2016 and set aside the judgment passed in S.C.No.162 of 2016 on the file of Magila Neethimandram/ Session Judge(Fast Track Court), Tuticorin, dated 08.04.2021 and thereby Acquit the above Accused from the charges. 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. RAAMAKRISHNAN.KA, Advocate for the petitioner and of MR.M.MUTHUMANIKKAM, Counsel for State on behalf of the Respondent the court made the following order:- This petition has been filed to relax the condition imposed on the petitioner in Crl.M.P(MD)No.4041 of 2021 in Crl.A(MD)No.252 of 2021, dated 02.07.2021.

2.Mr.KA.Raamakrishnan, learned counsel appearing for the petitioner would state that while granting suspension of sentence, this Court imposed a condition that the petitioner/Appellant shall appear before the Mahila Neethimandram (FTC), Tuticorin, daily twice https://hcservices.ecourts.gov.in/hcservices/

i.e., at 10.30 a.m., and 5.00 p.m., the petitioner has been complying with the condition from 13.09.2021. It is further stated that in view of the condition imposed on the petitioner, he is not able to go for regular work and earn for his livelihood and hence, his entire family is suffering.

3.Mr.M.Muthumanikkam, learned Government Advocate (Crl.side) appearing for the State Government would submit that the petitioner has been complying with the condition from 13.09.2021 without any violation.

4. In the light of the above fact, the condition imposed on the petitioner in Crl.M.P(MD)No.4041 of 2021 in Crl.A(MD)No.252 of 2021, dated 02.07.2021 is modified to the effect that the petitioner is directed to appear before the learned Mahila Neethimandram (FTC), Tuticorin, on the first working day of every month at 10.30 a.m., until further orders.

5. Accordingly, this petition is ordered.

sd/- 21/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, MAHILA NEETHIMANDRAM(FTC), TUTICORIN.

2 THE INSPECTOR OF POLICE, KULASEKERAPATTINAM POLICE STATION, THOOTHUKUDI.

3 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

ORDER

IN Crl.M.P(MD)No.7900 of 2021 in Crl.A(MD)No.252 of 2021 Date :21/10/2021 VB/VR/SAR-II/27.10.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/