Madras High CourtCRL MP(MD)/9151/2021ordered

Anburaj @ Anburajan v. The Inspector Of Police

2021-11-01Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN IN CRL A(MD)No.173 of 2021 ANBURAJ @ ANBURAJAN ... PETITIONER/APPELLANT Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT CR NO. 1/2011. ... 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 to imposed upon the petitioner in Crl.M.P.(MD) No.2785 of 2021 in Crl.A.(MD) No.173 of 2021 dated 27/04/2021 on the file of this Honourable Court and pending disposal of the main Criminal Appeal PRAYER IN CRL A(MD)No.173 of 2021:

To call for the records in Sessions Case No.115 of 2011 on the file of the Learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur, Thanjavur District and set aside the Judgment dated 29.11.2019 and Acquit the Appellant of the Charges leveled against him.

PRAYER IN CRL MP(MD)No.2785 of 2021 IN CRL A(MD)No.173 of 2021: Pleased to Enlarge the Petitioner on bail by SUSPENDING THE SENTENCE imposed upon him in Sessions Case No.115 of 2011 on the file of the Learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur, Thanjavur District by Judgment dated 29.11.2019, pending disposal of the main Criminal Appeal. 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.K.VEILMUTHU, Advocate for the petitioner and of Mr.M.MUTHUMANIKKAM, Government Advocate(crl.side) on behalf of the Respondent, the court made the following order:- 1/3

This petition has been filed to relax the condition imposed on the petitioner in Crl.M.P(MD)No.2785 of 2021 in Crl.A(MD)No.173 of 2021, dated 27.04.2021.

2.Mr.K.Veilmuthu, 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 Inspector of Police, All Women Police Station, Kumbakonam, Thanjavur District, daily twice at 10.30 a.m. and 5.00 p.m., and the petitioner has been complying with the condition from 05.07.2021. 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 regularly from 05.07.2021 without any violation.

4. Hence, in the light of the above fact, the condition imposed on the petitioner in Crl.M.P(MD)No.2785 of 2021 in Crl.A(MD) No.173 of 2021, dated 27.04.2021 is not violated, the same is modified to the effect that the petitioner is directed to appear before the II Additional District Munsif-Cum-Judicial Magistrate, Kumbakonam, on the first working day of every month at 10.30 a.m., until further orders.

5. Accordingly, this petition is ordered.

sd/- 01/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE MAHALIR NEETHIMANDRAM (FAST TRACK MAHILA COURT), THANJAVUR, THANJAVUR DISTRICT.

2 THE II ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KUMBAKONAM, THANJAVUR DISTRICT.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT 2/3

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

+1. C.C. to Mr.K.VEILMUTHU, Advocate SR.No.7780

ORDER

IN IN CRL A(MD)No.173 of 2021 Date :01/11/2021 SS/JM/SAR-III/16.11.2021/3P/7C 3/3