Jeyakumar v. The Inspector Of Police
CRL MP(MD) No.7700 of 2021 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 R.PONGIAPPAN CRL MP(MD) No.7700 of 2021 IN CRL A(MD)No.126 of 2020 JEYAKUMAR ... APPELLANT/PETITIONER/PETITIONER Vs THE STATE REP.BY THE INSPECTOR OF POLICE KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME NO.163 OF 2015) ... 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 in the Crl.M.P.(MD) No.2322 of 2020 in Crl.A.(MD) No.126 of 2020 dated 06.03.2020.
Prayer in CRL A(MD).126/ 2020 :
To admit this appeal on file and call for the records from the Learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram S.C.No.93 of 2017 dated 04.02.2020 and set aside the Judgment of the Lower Court by convicting the Appellant in S.C.No.93 of 2017 dated 04.02.2020 of the Learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram by allowing this appeal.
PRAYER IN CRL MP(MD)No.2322/2020 IN CRL A(MD)No.126/2020: To suspend the execution of sentence in S.C.No.93 of 2017 dated 04/02/2020 passed by the Learned Sessions Judge, Fast Track Mahila 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 Mr.D.ANBARASU, Advocate for the petitioner and of Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor(crl.side) 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.2322 of 2020 in Crl.A(MD)No.126 of 2020, dated 06.03.2020.
2.Mr.D.Anbarasu, learned counsel appearing for the petitioner would state that while granting suspension of sentence, this Court by order dated 06.03.2020 imposed a condition that the petitioner/Appellant shall appear before the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram, daily at 10.30 a.m., and https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL MP(MD) No.7700 of 2021 05.00 p.m., until further orders. Due to the pandemic period, the petitioner was not in a position to surrender before the concerned Court within the time, and hence, he has filed an application in Crl.M.P(MD)No.5762 of 2021 seeking extension of time. This Court, by order dated 12.08.2021 extended the time for surrendering before the concerned Court. Thereafter, the petitioner has surrendered before the concerned Court and complying with the condition from 24.08.2021. 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.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor appearing for the State Government would submit that the petitioner has been complying with the condition regularly from 24.08.2021.
4.In the light of the above fact, the condition imposed on the petitioner in Crl.M.P(MD)No.2322 of 2020, dated 06.03.2020 in Crl.A(MD)No.126 of 2020 is modified to the effect that the petitioner shall appear before the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram on the first working day of every month at 10.30 a.m., until further orders.
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 SESSIONS JUDGE, FAST TRACK MAHILA COURT, RAMANATHAPURAM.
2.THE INSPECTOR OF POLICE KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 cc to Mr.D.ANBARASU, Advocate, SR.No.6684 ORDER IN CRL MP(MD) No.7700 of 2021 IN CRL A(MD)No.126 of 2020 Date :29/09/2021 SA/SKN/SAR.1/04.10.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2