Thillan Sundar @ Sundaravadivel v. Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) Nos.11305 & 13916 of 2022 IN THILLAN SUNDAR @ SUNDARAVADIVEL, ... PETITIONER/PETITIONER /ACCUSED NO.5 in CRL MP(MD)No. 11305 of 2022
1. SATHAPPAN @ VELLI SATHAPPAN
2. BALAKRISHNAN @ PUGAZH CLASS BALU,
3. KALAYAN VELLAISAMY @ VELLAISAMY
4. VAPPARAN SUBRAMANI @ PERIYAKARUPPAN,
5. RAMKUMAR
6. VEERASEKAR 7.SARASU @ SAROJA ...PETITIONERS/PETITIONERS /ACCUSED NOS. 2 TO 4 & 6 TO 9 IN CRL MP(MD)NO. 13916 of 2022 Vs THE STATE REP BY, THE SUB INSPECTOR OF POLICE K.PUDUPATTY POLICE STATION, PUDUKKOTTAI DISTRICT.
CR.NO.50/2022 ... RESPONDENT/RESPONDENT/COMPLAINANT IN BOTH PETITIONS PRAYER IN CRL MP(MD)No.11305 OF 2022:
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 that the petitioner shall report before the learned Metropolitan Magistrate, Saidapet, Chennai daily at 10.30 AM until further orders imposed on the petitioner in Crl MP (MD) No.8273/2022 in Crl OP (MD) No.9721/2022 dated 02.08.22 Prayer in CRL MP(MD). 13916/ 2022 :
To relax the condition imposed on the Petitioner in 25.08.2022 in Crl MP(MD) No.9211/2022 in Crl OP (MD) No.9721/2022 on the file of this Honble Court dt.23.06.2022 .
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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. MILTON PON DAVIDSON.J., Advocate for the petitioner in Crl MP(MD)No. 11305 of 2022 and of MR.N.BALASUBRAMANIAN, Advocate for the Petitioners in CRL MP(MD) No.13916 of 2022 and of MR.SS.MADHAVAN, Government Advocate (Crimal Side) on behalf of the Respondent in both petitions, the court made the following order:- These petitions have been filed to relax the condition imposed on the petitioners in Crl.O.P.(MD)No.9721 of 2022 on 23.06.2022. 2.Due to continuous trouble between two groups of people, on 22.11.2022, this Court directed the petitioners to file an undertaking affidavit to the effect that they will not cause any trouble to the defacto complainant.
Today, an undertaking affidavit was filed by the petitioners. Paragraph No.5 of the undertaking affidavit filed by A5 (Crl.MP(MD)No.11305 of 2022) reads as follows: "I state that in the above circumstances, as directed by this Hon'ble Court, I undertake to cooperate with the respondent police for the investigation and appear before them as and when required on the notice issued by them. I also undertake not to tamper with the evidence or influence the witnesses of the prosecution. I also state that I had not threatened or disturbed the defacto complainant in any manner until this day and I undertake to continue to be so even in the future and co-operate with the investigation."
3.The other petitioners in Crl.MP(MD)No.13916 of 2022 also filed an undertaking affidavit to the effect that they will comply with the condition imposed by this Court, without any violation and co-operate for investigation.
4.In the light of above said undertaking affidavits filed by the petitioners, this Court is inclined to relax the condition imposed by this court in Crl.O.P.(MD)No.9721 of 2022, in toto and the petitioners shall appear before the concerned Court on receipt of summons.
sd/- 23/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.
THE JUDICIAL MAGISTRATE, THIRUMAYAM.
2.
DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.
3. THE SUB INSPECTOR OF POLICE K.PUDUPATTY POLICE STATION, PUDUKKOTTAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO 1.
THE JUDICIAL MAGISTRATE NO.1, TRICHY.
2.
DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
ORDER
IN CRL MP(MD) Nos.11305 & 13916 of 2022 IN Date :23/11/2022 PKP/BUC/SAR -3/02.12.2022/3P/7C 3/3