Madras High CourtCRL MP(MD)/7876/2019ordered

Murugan v. The Inspector Of Police

2019-09-13Honourable Mr Justice V. Parthiban2 pages

CRL MP(MD) No.7876 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice V.PARTHIBAN CRL MP(MD) No.7876 of 2019 IN CRL A(MD) No.327 of 2019 MURUGAN .. PETITIONER/PETITIONER/APPELLANT Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.22 OF 2016) ... RESPONDENT/RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the condition imposed on the petitioner in Crl.M.P.(md) No.6465 of 2019 in Crl.A(MD) No.327 of 2019 dated 16.08.2019 by this Hon'ble Court.

PRAYER IN CRL A(MD) No.327 of 2019 Pleased to call for the records pertaining to the judgment of conviction and sentence passed in S.C.No.31/2017 dated 4.7.2019 on the file of the Court of Principal Sessions Judge, Thoothukudi, Thoothukudi District and set aside the same.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.MURUGAPPAN, Advocate for the petitioner and of Mr.V.Neelakandan, Additional Public Prosecutor for the Respondent, the court made the following order:- This court vide order dated 16.08.2019 has inter alia imposed condition directing the petitioner to appear before the trial court twice daily at 10.30 a.m and 5.00 p.m, pending appeal. According to the petitioner, he has been duly complying with the condition of appearance.

2.According to the learned Additional Public Prosecutor, the condition imposed in the said order has been duly complied with by the petitioner.

3.However, the present miscellaneous petition has been filed on behalf of the petitioner saying that the petitioner is suffering https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.7876 of 2019 from mental illness and he has to take treatment from the Keezhpakkam Medical College Hospital, Chennai. In view of the same, this Court is inclined to relax the condition i.e direction to appear before the trial court twice daily, in the circumstances of the case.

4.Considering the submission made on behalf of the petitioner and also the learned Additional Public Prosecutor, the condition directing the petitioner to appear before the trial court daily twice i.e at 10.30 a.m and 05.00 p.m shall stand modified as under: "The petitioner is directed to appear before the trial court concerned on the first working day of every week at 10.30 a.m and this arrangement shall continue until further orders."

sd/- 13/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL SESSIONS JUDGE, THOOTHUKUDI, THOOTHUKUDI DISTRICT 2.THE JUDICIAL MAGISTRATE,SATHANKULAM.

3.DO-THRO-THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI DISTRICT. 4.THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT. 5.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-15385[I] dated 13/09/2019) ORDER IN CRL MP(MD) No.7876 of 2019 IN CRL A(MD) No.327 of 2019 Date :13/09/2019 VS ES/PN/SAR 2/19.09.2019/2P/8C https://hcservices.ecourts.gov.in/hcservices/ 2/2