Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN and The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD in CRL A(MD) No.215 of 2023 MURUGESAN ... PETITIONER/APPELLANT/SOLE ACCUSED Vs THE INSPECTOR OF POLICE MATHUR POLICE STATION PUDUKOTTAI DISTRICT.

CRIME NO.199/2020 ... RESPONDENT/RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition No.10(i) imposed in Order dt.05.07.2024 in Crl MP(MD) No.15441/2023 in Crl A(MD) No.215 of 2023.

Prayer in CRL MP(MD).15441/2023 :

To suspend the sentence imposed by the Learned Sessions Judge, Mahila court, Pudukkottai in S.C No. 3 of 2021 dated 16.09.2022. Prayer in CRL A(MD)No.215 of 2023:

To call for the records and set aside the conviction and sentence passed by the learned Sessions Judge, Mahila Court, Pudukkottai in S.C.No.3 of 2021 dated 16.09.2022 and acquit the Appellant.

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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.S.SIVASUBRAMANIAN, Advocate for the petitioner and of MR.T.SENTHIL KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed seeking to modify the condition imposed in the order dated 05.07.2024 in Crl.M.P(MD) No.15441 of 2023, whereby in the condition No.10 (i),this Court had directed that out of two sureties, to be produced by the petitioner, one should be a blood related surety.

2. The petitioner in the affidavit filed stated that he is unable to get in touch with any of the relatives as they have stopped all communications with him. Therefore he is unable to produce any blood sureties. The matter has been adjourned for two or three occasions. The order granting suspension of sentence is dated 05.07.2024, nearly about two months back.

3. Taking into consideration all facts and also hearing the learned Additional Public Prosecutor, we are inclined to modify clause 10(i) of the order dated 05.07.2024 and direct the petitioner to execute a bond for a sum of Rs.25,000/- along with two sureties, who should be tested to the satisfaction of the learned Sessions Judge, Mahila Court, Pudukottai. All other conditions shall remain unaltered.

4. Fresh order copy to be issued. If there is any change of address of the petitioner it should be informed to the respondent/ Inspector of Police, Mathur Police 2/3

Station, Pudukottai District.

sd/- 04/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, MAHILA COURT, PUDUKKOTTAI. 2 THE INSPECTOR OF POLICE, MATHUR POLICE STATION, PUDUKOTTAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S SOMASUNDARAM.E Advocate SR.No.48756[F] Dated 04/09/2024

ORDER

IN in CRL A(MD) No.215 of 2023 Date :04/09/2024 RS/GS/SAR-(09.09.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3