M.Mayalagu @ Mayalagan v. The Inspector Of Police
CRL MP(MD) No.9879 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.9879 of 2021 in CRL A(MD) No.432 of 2021 M.MAYALAGU @ MAYALAGAN ... PETITIONER/PETITIONER/APPELLANT Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT (CRIME NO. 21 OF 2014) ... RESPONDENT/RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modifty the condition imposed on 12.10.2021 in Crl.M.P. (MD) NO. 8539 of 2021 in Crl.A.(MD) No. 432 of 2021 and pass such other orders as this Hon`ble Court.
PRAYER IN CRL A(MD) No.432 of 2021:
Pleased to call for records and to set aside the judgment pronounced by learned Principal Special Court for POCSO Act cases, Madurai made in Spl.C.C.No.28/2016 dated 30.09.2021 and allow the above Criminal appeal.
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. JEGANATHAN.C, Advocate for the petitioner and of Mr.K.SURESH KUMAR, Government Pleader on behalf of the Respondent, the Court made the following order:- This petition has been filed to modify the condition imposed by this Court in Crl.M.P.(MD)No.8539 of 2021 in Crl.A.(MD)No.432 of 2021 dated 12.10.2021.
2.On the side of the petitioner, it is stated that this Court has granted suspension of sentence to the petitioner on 12.10.2021, directing the petitioner to appear before the respondent police daily at 10.30 a.m. It is stated that the petitioner is complying https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL MP(MD) No.9879 of 2021 the condition regularly and the condition may be modified to the effect that the petitioner can appear before the trial Court monthly once, since the investigation was already over. There is no necessity for the petitioner to appear before the respondent police and prayed the petition to be allowed.
3. The learned Additional Public Prosecutor appearing for the respondent admitted that the petitioner is complying the condition till now.
4.In view of the aforesaid submission, this Court is inclined to modify the condition imposed by this Court in Crl.M.P.(MD)No.8539 of 2021 dated 12.10.2021. Hence, this Criminal Miscellaneous Petition is allowed and the condition imposed on the petitioner is modified to the effect that the petitioner is directed to appear before the concerned trial Court on first working day of every week, until further orders.
sd/- 18/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL SPECIAL JUDGE FOR POCSO ACT CASES, MADURAI 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.9879 of 2021 in CRL A(MD) No.432 of 2021 Date :18/11/2021 SS/VR/SAR-III/24.11.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2