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Madras High CourtCRL MP(MD)/7529/2020ordered

M.Pon v. Fathima

2020-12-23Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.7529 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of December Two Thousand and Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI CRL MP(MD) No.7529 of 2020 IN CRL RC(MD) No.146 of 2020 M.PON ...PETITIONER/PETITIONER/PETITIONER PETITIONER/APPELLANT/SOLE ACCUSED Vs FATHIMA ...RESPONDENT/RESPONDENT/RESPONDENT RESPONDENT/RESPONDENT/COMPLAINANT Prayer in CRL MP(MD). 7529/ 2020 :

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order to relax the condition of reporting before the Learned District Munsif Cum Judicial Magistrate, Boothapandi, Kanyakumari District pursuant to the order dated 13.07.2020 made in CRL MP(MD) No.1246 of 2020 in CRL RC(MD) No.146 of 2020 on the file of this Hon'ble Court forthwith.

Prayer in CRL RC(MD). 146/ 2020 :

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order revising the order of the conviction and sentence imposed on the Petitioner by means of a judgment dated 29.11.2019 passed by the Hon'ble Additional District and Sessions Judge (Fast Track) Kanyakumari District at Nagercoil made in C.A.No.76 of 2014 of modifying the conviction and sentenced as imposed on the petitioner by means of a judgment dated 12.11.2014 passed by the Hon'ble District Munsif cum Judicial Magistrate, Boothapandi, Kanyakumari District made in S.T.C.No.695 of 2013 forthwith. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.PALANI VELAYUTHAM, Advocate for the petitioner and of MR.M.SURI, Advocate on behalf of the Respondent, the Court made the following order:- The petitioner filed this petition for relaxing the condition https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.7529 of 2020 imposed by this Court in Crl.M.P.(MD)No.1246 of 2020 in Crl.R.C.(MD) No.146 of 2020 dated 13.07.2020.

2. The learned counsel for the petitioner submitted that the petitioner is abiding the condition imposed by this Court for the past 75 days and prayed the condition to be relaxed.

3. The learned Counsel for respondent fairly admitted that the petitioner has complied the condition so far.

4. It is seen that the petitioner has complied the condition for the past 75 days. In the above circumstances, this Court is inclined to relax the condition already imposed on the petitioner. The petitioner is directed to appear before the concerned Court as and when required for interrogation.

5. Accordingly, this Criminal Miscellaneous Petition is allowed.

sd/- 23/12/2020 / 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 (FAST TRACK), KANYAKUMARI DISTRICT AT NAGERCOIL.

2. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, BOOTHAPANDI, KANYAKUMARI DISTRICT.

3. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

ORDER IN CRL MP(MD) No.7529 of 2020 IN CRL RC(MD) No.146 of 2020 Date :23/12/2020 LS SRS/KV/SAR-I/07.01.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2