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Madras High CourtCRL MP(MD)/10961/2023modified

Deepa P.Nair @ Deepakumari v. Anilkumar

2023-08-01Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD) No.169 of 2023 DEEPA P.NAIR @ DEEPAKUMARI ... PETITIONER/PETITIONER /REVISION PETITIONER Vs ANILKUMAR ... RESPONDENT/RESPONDENT /REVISION RESPONDENT 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.2429 of 2023 in Crl.RC(MD)No.169 of 2023 dated 10.02.2023 on the file of this Honble Court. PRAYER IN CRL MP(MD).2429/2023 :

To suspense the sentence by granting bail in the order passed by the Hon'ble Additional District and Sessions Judge, Kuzhithurai, Kanyakumari District in his C.A.No.64 of 2017 dated 17.08.2022 in confirming the judgment of the Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District in S.T.C.No.4679 of 2010 dated 05/04/2017 till the disposal of the criminal revision. PRAYER IN CRL RC(MD) No.169/2023:

To admit this revision petition on file, to call for the records from the lower court and duly set aside the order passed by the Honourable Additional District & Sessions Judge, Kuzhithurai, Kanyakumari District in his C.A.No.64 of 2017 dated 1/3

17.08.2022 in confirming the judgment of the Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District in S.T.C.No.4679 of 2010 dated 05/04/2017 by allowing this revision.

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 of M/S.PRABHU.K, Advocate for the petitioner and of MR.K.N.THAMPI, Advocate on behalf of the Respondent, the court made the following order:- This Miscellaneous Petition has been filed to relax the condition imposed on the petitioner in Crl.M.P.(MD).No.2429 of 2023 in Crl.RC.(MD).No.169 of 2023 on 10.02.2023.

2. The learned counsel for the petitioner would submit that as per the direction of this Court, the petitioner has deposited a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) before the learned Judicial Magistrate No.1, Kuzhithurai, Kanniyakumari District. Further, the petitioner is complying with the Conditions imposed by this Court regularly and hence he prayed to relax the condition. 3.The learned Government Advocate (Criminal Side) would submit that petitioner is complying with the conditions imposed by this Court regularly.

4. Considering the said submission, the condition imposed as against the petitioner is modified and the petitioner is directed to report before the learned Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District on the first working day of every English Calendar month. The learned trial judge, is hereby directed to deposit the amount which was remitted by the petitioner in any one of the 2/3

Nationalized Bank in interest bearing account. sd/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sbn TO 1 THE ADDITIONAL DISTRICT & SESSIONS JUDGE, KUZHITHURAI, KANYAKUMARI DISTRICT.

2 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.K.N.THAMPI, Advocate ( SR-11639[I] dated 02/08/2023 ) +1 CC to M/s.K.PRABHU, Advocate ( SR-11750[I] dated 03/08/2023 ) ORDER IN in CRL RC(MD) No.169 of 2023 Date :01/08/2023 RS/BUC/SAR-1(11.08.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3