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Madras High CourtCRL MP(MD)/8022/2024dismissed

M.Saravanaperumal v. The Inspector Of Police

2024-08-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR IN CRL RC(MD) No.1183 of 2023 M.SARAVANAPERUMAL ... PETITIONER/PETITIONER/ PETITIONER Vs THE INSPECTOR OF POLICE NATHAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO. 20/2014.

... RESPONDENT/RESPONDENT/ 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 by this Honble Court in Crl.M.P(MD) No. 3788 of 2024 in Crl.RC (MD) No. 1183 of 2023 dated 27.03.2024 and thus render justice. Prayer in CRL RC(MD). 1183/ 2023 :

To call for the records of the impugned order passed in CC No.44/2015 dt 19.11.2020 on the file of the learned Judicial Magistrate No.I Srivilliputhur and confirmed in CA No.65/2020 dt 21.08.2023 on the file of the Additional District and Sessions Judge, Srivilliputhur set aside as illegal. 1/4

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.RM.ARUN SWAMINATHAN, Advocate for the petitioner and of MR.K.SANJAI GANDHI, Government Advocate(Crl.side) on behalf of the Respondent, the court made the following order:- The above petition has been filed seeking orders to relax condition, which came to be modified by this Court in Crl.M.P.(MD)No.3788 of 2024, wherein, this Court has modified the condition directing the petitioner to appear before the trial Court once in three months at 10.30 a.m. until further orders.

2. The learned counsel appearing for the petitioner would submit that the petitioner is a driver and is working in Chennai and hence, he is unable to appear before the concerned Court once in three months.

3. It is seen from the records that after considering the submission made by the learned counsel for the petitioner, this Court has modified the original condition that the petitioner shall appear before the concerned Court once in a month and directed him to appear before the concerned Court once in three months. 2/4

4. Considering the above, this Court is not inclined to modify the condition further. Accordingly, this Criminal Miscellaneous Petition is dismissed. sd/- 09/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (CS-I / II /III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

csm TO 1 THE JUDICIAL MAGISTRATE NO.1 SRIVILLIPUTHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SRIVILLIPUTHUR.

4 THE INSPECTOR OF POLICE NATHAMPATTI POLICE STATION VIRUDHUNAGAR DISTRICT.

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

3/4

ORDER

IN IN CRL RC(MD) No.1183 of 2023 Date :09/08/2024 RK/GS (14/08/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4