Madras High CourtCRL MP(MD)/8531/2021ordered

Manickaraja @ Manickaraj v. The Inspector Of Police

2021-10-21Honourable Mr Justice R. Pongiappan2 pages

CRL MP(MD) No.8531 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.8531 of 2021 IN CRL A(MD) No.146 of 2021 MANICKARAJA @ MANICKARAJ ... PETITIONER/PETITIONER/APPELLANT Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ADIRAMAPATTINAM POLICE STATION, ADIRAMAPATTINAM, THANJAVUR DISTRICT CR NO.270/2015 ... 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 to appear before the Learned Sessions Judge (Special Court for trial of POSCO Act Cases), Thanjavur daily twice ie. at 10.30a.m and 5.00Pm until further orders imposed by this Honourable Court in Crl.M.P.(MD) No.3113 of 2021 in Crl.A.(MD) No.146 of 2021 dated 06.07.2021.

PRAYER IN CRL A(MD) No.146 of 2021:

Pleased to call for records and set aside the judgment dated 07.01.2021 passed in S.C.No.32 of 2019 on the file of the Learned Session Judge(Special court for trial of POCSO Act cases), Thanjavur may deem fir proper in circumstances of the cases. 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. SASI KUMAR.V., Advocate for the petitioner and of Mr.E.ANTONY SAHAYA PRABAHAR, Additional public prosecutor 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.3113 of 2021 in Crl.A(MD)No.146 of 2021, dated 06.07.2021.

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CRL MP(MD) No.8531 of 2021 2.Mr.V.Sasi Kumar, 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 Sessions Judge (Special Court for Trial of POCSO Act Cases), Thanjavur, daily twice i.e., at 10.30 a.m., and 5.00 p.m., and the petitioner has been complying with the condition from 05.08.2021. 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 05.08.2021.

4. In the light of the above fact, the condition imposed on the petitioner in Crl.M.P(MD)No.3113 of 2021 in Crl.A(MD)No.146 of 2021, dated 06.07.2021 is modified to the effect that the petitioner is directed to appear before the learned Sessions Judge (Special Court for Trial of POCSO Act Cases), Thanjavur, on the first working day of every month at 10.30 a.m., until further orders.

5. Accordingly, this petition is ordered.

sd/- 21/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE(SPECIAL COURT FOR TRIAL OF POSCO ACT CASES), THANJAVUR.

2 THE INSPECTOR OF POLICE ADIRAMAPATTINAM POLICE STATION, ADIRAMAPATTINAM, THANJAVUR DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. C.C. to M/S. SASI KUMAR.V. Advocate SR.No.7379

ORDER

IN CRL MP(MD) No.8531 of 2021 IN CRL A(MD) No.146 of 2021 Date :21/10/2021 SS/PN/SAR-I/26.10.2021 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2