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Madras High CourtCRL MP(MD)/9033/2021modified

Ganesan @ Katta Ganesan v. The Inspector Of Police

2021-11-02Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice R. Pongiappan2 pages

Crl.A(MD)No.150 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN and The Hon`ble Mr.Justice R.PONGIAPPAN Crl.M.P(MD)Nos.9033 & 9036 of 2021 in Crl.A(MD)No.150 of 2020 GANESAN @ KATTA GANESAN ... PETITIONER/ ACCUSED NO.6 IN Crl.M.P(MD)No.9033 of 2021 in Crl.A(MD)No.150 of 2020 MUTHUPANDI @ ARUNACHALA MUTHUPANDI ... PETITIONER/ACCUSED No.2 IN CRL MP(MD)No.9036 of 2021 in CRL A(MD)No.150 of 2020 Vs STATE REP.BY THE INSPECTOR OF POLICE VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.161 OF 2008 ... RESPONDENT/ COMPLAINANT in both the petitions PRAYER IN Crl.M.P(MD)No.9033 of 2021 in Crl.A(MD)No.150 of 2020: 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 Honourable court in Crl.M.P.(MD) No.1181 of 2021 in Crl.A.(MD) No.150 of 2020 pending on the file of this Honourable Court vide it's order dated 07/06/2021 pending the disposal of the main Criminal Appeal.

Prayer in CRL MP(MD). 9036/ 2021 in Crl.A(MD)No.150 of 2020: To relax the condition imposed by this Honourable court in Crl.M.P.(MD) No.2528 of 2021 in Crl.A.(MD) No.150 of 2020 pending on the file of this Honourable Court vide its order dated.07/06/2021 pending the disposal of the main Criminal Appeal. Prayer in CRL A(MD)No.150 of 2020:

To call for the entire records pertaining to the judgment rendered by the IV Additional Sessions Judge, Tirunelveli, Tirunelveli District in S.C.No.239 of 2013 judgment dated 31.10.2019 and set aside the same and consequently acquit the appellants honourably.

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Crl.A(MD)No.150 of 2020 Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of Mr.R.ANAND, Advocate for the petitioner in both the petitions and of Mr.S.RAVI, Additional Public Prosecutor on behalf of the Respondent in both the petitions, the court made the following order:- (Order of the Court was made by V.BHARATHIDASAN,J.) This Court vide order dated 07.06.2021, suspended the sentence, directing the petitioners to appear before the learned Judicial Magistrate, Valliyoor, Tirunelveli, at 10.30 a.m., on every Monday until further orders.

2. Mr.S.Ravi, learned Additional Public Prosecutor appearing for the State on instructions would submit that the petitioners are complying with the conditions regularly.

3. Considering the facts and circumstances, the condition imposed on the petitioners is modified to the effect that the petitioners shall appear before the trial Court at 10.30 a.m., on the first working day of every English calendar month until further orders.

sd/- 02/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. TO 1.THE IV ADDITIONAL SESSIONS JUDGE, TIRUNELVELI DISTRICT. 2.THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT.

3.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI DISTRICT. 4.THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI. 5.THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT. 6.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN Crl.M.P(MD)Nos.9033 & 9036 of 2021 in Crl.A(MD)No.150 of 2020 pm Date :02/11/2021 MS/PN/SAR-4/10.11.2021/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2