Balaganesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN and The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD in CRL A(MD) No.794 of 2022 BALAGANESH ... Petitioner / Petitioner / Appellant Vs THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION, MADURAI CITY.

(CRIME NO.954 OF 2018.) ... Respondent / Respondent / Complainant Criminal Miscellaneous 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 Crl.MP(MD)No.14281/2022 in Crl.A(MD)No.794/2022 dated 30.04.2024 pending disposal of the Criminal Appeal. Prayer in CRL A(MD) No.794 of 2022:

To call for the records of the impugned judgment amde is S.C.No.82 of 2019 on the file of the learned VI Additional District and Sessions Judge, Madurai District dated 14.07.2022 and set aside the same.

Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments 1/4

of M/s.M.JEGADEESH PANDIAN, Advocate for the petitioner and of Mr.T.SENTHIL KUMAR, Additional Public Prosecutor on behalf of the Respondent, the Court made the following order:- (Order of the Court was made by C.V.KARTHIKEYAN, J.) The Criminal Miscellaneous Petition has been filed seeking to relax the condition imposed on 30.04.2024 while considering the suspension of sentence of the petitioner herein was A3 in S.C.No.82 of 2019.

2. The petitioner along with three other accused have been convicted for the offence under Sections 302 r/w.149 and 506(ii) IPC by judgment, dated 14.07.2022. While considering grant of suspension of sentence, condition has been imposed that the petitioner should stay at Chennai and report before the Inspector of Police, Esplanade Police Station at Chennai, everyday at 10.30 a.m.

3. On the side of the respondent, learned Additional Public Prosecutor had forwarded a report, wherein, he has stated that there is a danger to the life of the petitioner also from the rival group at Madurai and therefore, it may not be judicious to permit him to come over to Madurai. 4.Appraising all factors, we would relax the condition and direct the petitioner to appear every Saturday at 10.30 a.m., before the Inspector of Police, Esplanade Police Station, Chennai. The other conditions shall remain intact. 2/4

5. Accordingly, the Criminal Miscellaneous Petition is disposed of. sd/- 06/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RM To 1.The VI Additional District and Sessions Judge, Madurai District.

2.The Principal Sessions Judge, Madurai.

3.The Inspector of Police, Theppakulam Police Station, Madurai City.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Copy to:

The Inspector of Police, Esplanade Police Station, Chennai.

ORDER

IN in CRL A(MD) No.794 of 2022 Date :06/08/2024 3/4

ED/ GS /SAR- (09/08/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4