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Madras High CourtCRL MP(MD)/8205/2021dismissed

Suresh v. The Inspector Of Police

2021-11-10Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan2 pages

CRL MP(MD) No.8205 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice S.VAIDYANATHAN and The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD) No.8205 of 2021 and CRL MP(MD)NO. 1096 of 2021 in CRL A(MD)No. 176 OF 2020 SURESH ... PETITIONER/PETITIONER/APPELLANT Vs STATE REP BY, THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.33 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 on the petitioner in Crl.M.P(MD)No.1096 of 2021 in Crl.A(MD)No.176 of 2020 dated 05/03/2021. Prayer in CRL MP(MD). 1096/ 2021 :

To suspend the sentences passed in SC.No.109 of 2015 dt.12.12.2019 on the file of the learned Sessions Judge,(Fast Track Mahila Court),Srivilliputhur pending disposal of the above said Criminal Appeal.

Prayer in CRL A(MD)No. 176 OF 2020:

Pleased to admit this appeal on file, to call for the records from the Lower Court and duly set aside the judgment passed by the learned Sessions Judge (Fast Track Mahila Court) srivilliputhru, in his S.C.No. 109/2015 dated 12.12.2019.

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.A.BANUMATHY, Advocate for the petitioner and of MR.A.THIRUVADIKUMAR,Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This application is filed for relaxing the condition imposed by https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.8205 of 2021 this Court while granting suspension of sentence. The condition imposed by this Court on 05.03.2021 while granting bail is to the effect that the petitioner shall appear before the trial Court daily at 10.30 a.m., until further orders.

2.However, the learned Additional Public Prosecutor states that the petitioner complied the condition only from 29.03.2021 to 08.07.2021 and thereafter, he has failed to report. It is further stated that the prosecution is preparing application to recall the order passed by this Court on 05.03.2021 and remand the petitioner/accused.

3.Recording the objection raised by the learned Additional Public Prosecutor, this application to relax the condition is dismissed. It is open to the respondent police to file appropriate application in view of the breach committed by the petitioner/accused/appellant.

sd/- 10/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSION JUDGE, (FAST TRACK MAHILA COURT) SRIVILLIPUTHUR.

2 THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE SUPERINTEDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL MP(MD) No.8205 of 2021 IN CRL MP(MD)No.1096 of 2021 IN CRL A(MD)No. 176 OF 2020 Date :10/11/2021 pjl PKP/JM/SAR-4/15.11.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2