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Madras High CourtCRL MP(MD)/9147/2021modified

M.Manivel v. The Deputy Superintendent Of Police

2021-11-01Honourable Mr Justice R. Pongiappan2 pages

CRL MP(MD) No.9147 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.9147 of 2021 IN CRL A(MD) No.340 of 2021 M.MANIVEL ... PETITIONER/PETITIONER/ APPELLANT/ACCUSED Vs THE STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, MUSIRI DIVISION, KATTUPUTHUR POLICE STATION.

CR.NO. 140 OF 2017. ... RESPONDENT/RESPONDENT/ RESPONDENT/COMPLAINANT 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 dt.09/09/2021 in Crl.M.P.(MD) No.5690/2021 in Crl.A.(MD) No.340 / 2021.

PRAYER IN CRL A(MD) No.340 of 2021:

Pleased to call for the records to set aside the order dated 29.07.2021 passed in Spl.S.C.No.39 OF 2018, on the file of the 1st Additional and District Sessions Judge(PCR), Tiruchirappalli. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.RAMSUNDARVIJAYARAJ.S, Advocate for the petitioner and of Mr.M.MUTHUMANIKKAM, Government Advocate(crl.side) on behalf of the Respondent, the Court made the following order:- This petition has been filed to relax the condition imposed on the petitioner in Crl.M.P(MD)No.5690 of 2021 in Crl.A(MD)No.340 of 2021, dated 09.09.2021.

2.Mr.S.Ramsundarvijayaraj, learned counsel appearing for the petitioner would state that while granting suspension of sentence, this Court imposed a condition that the petitioner/Appellant shall appear before the learned I Additional District and Sessions Court (PCR), Tiruchirapalli, daily at 10.30 a.m., and the petitioner has been complying with the condition from 23.09.2021. It is further stated that in view of the condition imposed on the petitioner, he is not able to go for regular work and earn for his livelihood and hence, his entire family is suffering.

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CRL MP(MD) No.9147 of 2021

3. Mr.M.Muthumanikkam, learned Government Advocate (Crl.side) appearing for the State Government would submit that the petitioner has been complying with the condition regularly from 23.09.2021 without any violation.

4. In the light of the above fact, the condition imposed on the petitioner in Crl.M.P(MD)No.5690 of 2021 in Crl.A(MD)No.340 of 2021, dated 09.09.2021 is modified to the effect that the petitioner is directed to appear before the learned I Additional District and Sessions Court (PCR), Tiruchirapalli on the first working day of every month at 10.30 a.m., until further orders.

5. Accordingly, this petition is ordered.

sd/- 01/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE(PCR), TIRUCHIRAPALLI.

2 THE DEPUTY SUPERINTENDENT OF POLICE, MUSIRI DIVISION, KATTUPUTHUR POLICE STATION.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. C.C. to M/S.RAMSUNDARVIJAYARAJ S Advocate SR.No.7759

ORDER

IN CRL MP(MD) No.9147 of 2021 IN CRL A(MD) No.340 of 2021 Date :01/11/2021 SS/PN/SAR-I/10.11.2021 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2