R.Seshagiri v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in CRL RC(MD) No.601 of 2023 R.SESHAGIRI ... Petitioner / Petitioner / Petitioner Vs THE SUB INSPECTOR OF POLICE, DINDIGUL DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.

(CRIME NO.7/2002.) ... Respondent / Respondent / Respondent Criminal Miscellaneous 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 in Crl M.P (MD) No.1717 of 2024 in Crl RC (MD)No. 601 of 2023 dt. 14.02.2024 on the file of this Honble Court. Prayer in CRL RC(MD) No.601 of 2023:

To call for the records of the learned Additional District and Sessions Court, Dindigul in CRL A No.63 of 2018 dated 15.03.2023 confirming the conviction and sentence imposed by the learned Chief Judicial Magistrate Court, Dindigul in C.C.No.17 of 2014 dated 20.07.2018 and set aside the judgment of the Courts below and acquit the petitioner.

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 1/4

of M/s.N.MARIMUTHU, Advocate for the petitioner and of Mr.M.VAIKKAM KARUNANITHI, Government Advocate (Crl. side) on behalf of the Respondent, the Court made the following order:- This Criminal Miscellaneous Petition has been filed seeking an order to relax the condition imposed on the petitioner by this Court in its order, dated 14.02.2024, in Crl.M.P.(MD)No.1717 of 2024 in Crl.R.C.(MD)No.601 of 2023.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

3. The learned counsel for the petitioner submitted that in pursuant to the order of this Court dated 14.02.2024, the petitioner has been regularly appearing before the trial Court once in two months at 10.30 a.m., and has been complying with the condition till date. He further submitted that the petitioner is a Diabetes patient, and is suffering from diabetic foot ulcer on his right foot, for which the Doctor advised him to take adequate rest and also advised that dressing of wound on alternative days would be necessary for treating the same.

4. The learned Government Advocate (Criminal Side) has not raised any objection to this petition.

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5. Considering the medical condition of the petitioner, and also considering the fact that the petitioner is abiding by the condition regularly till date, the condition already imposed by this Court in its order, dated 14.02.2024, is relaxed and the petitioner shall appear before the trial Court as and when required. sd/- 29/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN To 1.The Additional District and Sessions Judge, Dindigul.

2.The Chief Judicial Magistrate, Dindigul.

3.The Sub Inspector of Police, Dindigul District Crime Branch, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.VENKATESAN, Advocate ( SR-14769[I] dated 02/12/2024 ) 3/4

ORDER

IN in CRL RC(MD) No.601 of 2023 Date :29/11/2024 ED/ VR /SAR- (09/12/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4