Sutchamudaiyan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN and The Hon`ble Ms.Justice R. POORNIMA in Crl.A(MD) No.1086 of 2023 SUTCHAMUDAIYAN ... PETITIONER/PETITIONER/ ACCUSED 2 Vs THE INSPECTOR OF POLICE, KADAIYAM POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.34 OF 2019) ... 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 relax the condition imposed in Crl.MP.(MD) No.11 of 2024 in Crl A (MD) No.1086 of 2023 dated 26.07.2024 on this file of this Hon`ble Court and render Justice. Prayer in Crl.A.(MD) No.1086 of 2023:

To admit this appeal on file, to call for the records from the lower court in S.C.No.69/2020 on the file of the learned IIIrd Additional District and Sessions Judge, Tirunelveli, Tirunelveli District dated 12.10.2023 by acquitting the accused and by allowing the Appeal.

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon 1/3

perusing the petition filed in support thereof and upon hearing the arguments of Mr.K.PRABHU, Advocate for the petitioner and of Mr.S.RAVI, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This application has been filed seeking to relax the condition imposed while granting suspension of sentence to the petitioner vide order dated 26.07.2024.

2. While granting suspension of sentence, the condition imposed was that the petitioner shall stay at Salem and report before the Inspector of Police, Fairland Police Station,Salem every day at 10.30a.m., until further orders.

3. In the affidavit filed, it has been stated that the petitioner is an agriculturist and he could not perform his agricultural work . It is further stated that he had been complying with the conditions without any default right from the date of order.

4. Heard the learned Additional Public Prosecutor.

5. Taking into consideration all the factors the said condition alone is modified to the effect that the petitioner shall report before the respondent police/ Inspector of Police, Kadayam Police Station, Tirunelveli District on every Saturday at 10.30 a.m., until further orders.

sd/- 26/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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AAV TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI.

2 THE INSPECTOR OF POLICE, FAIR LAND POLICE STATION, SALEM 3 THE INSPECTOR OF POLICE, KADAIYAM POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.PRABHU, Advocate ( SR-11951[I] dated 30/09/2024 )

ORDER

IN in Crl.A(MD) No.1086 of 2023 Date :26/09/2024 SA/MMS/SAR. /09.10.2024/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3