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Madras High CourtCRL MP(MD)/12754/2023modified

Karuppaiah v. The Inspector Of Police

2023-09-07Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD) No.54 of 2023 KARUPPAIAH ... PETITIONER/SOLE ACCUSED Vs State Rep.by THE INSPECTOR OF POLICE TRANSPORT INVESTIGATION DIVISION-3, MADURAI.

CR.NO.190/2011 ... 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 by this Honourable Court that the petitioner shall appear before the concerned court once in a week ie on the first working day of every week at 10.30 am pending revision until further orders in Crl.M.P.No.789/2023 in Crl.RC.No.54 of 2023 dated 11.01.2023 in Crl.A.No.44 of 2021 on the file of the Learned V Additional District Sessions Judge, Madurai in C.C.No.538 of 2011 on the file of the Judicial Magistrate No.II, Madurai Crime No.190 of 2011 on the file of the Respondent Police. Prayer in CRL MP(MD).789/2023 :

To suspend the sentence and grant bail to the Revision petitioner pending disposal of the Criminal Revision Case before this Hon'ble court against the Judgment dated 30.11.2022 in Crl A No. 44 of 2021 on the file of the Learned V Additional District Sessions Judge, Madurai in CC No.538 of 2011 on the file of the Judicial Magistrate No.II, Madurai.

PRAYER IN CRL.R.C.(MD)No.54 of 2023 :

To call for the records pertaining to the Judgment dated 30.11.2022 in Crl.A.No.44 of 2021 on the file of the Learned V Additional District Sessions Judge, Madurai modification the judgment in CC No.538 of 2011 on the file of the Judicial Magistrate No.II, Madurai and set aside the same and acquit the petitioner. 1/3

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 of M/S.T.SEENI SYED AMMA, Advocate for M/S.LAJAPATHI ROY AND ASSOCIATES 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 to relax the condition imposed on the petitioner in Crl.M.P.(MD).No.789 of 2023 in Crl.RC.(MD).No.54 of 2023 on 11.01.2023.

2.The learned counsel for the petitioner would submit that as per the direction of this Court, the petitioner is complying with the Conditions imposed by this Court regularly from 04.05.2023 and hence he prayed to relax the condition. 3.The learned Government Advocate (Criminal Side) would submit that petitioner is complying with the conditions imposed by this Court regularly. 4.Considering the submissions made on either side, the condition imposed as against the petitioner is modified and the petitioner is directed to report before the learned Judicial Magistrate No.I, Madurai, on the first working day of every English Calendar month at 10.30a.m,.

sd/- 07/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE V ADDITIONAL DISTRICT SESSIONS JUDGE, MADURAI. 2 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

3 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

4 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 5 THE INSPECTOR OF POLICE, TRANSPORT INVESTIGATION DIVISION-3, MADURAI.

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

ORDER IN in CRL RC(MD) No.54 of 2023 Date :07/09/2023 RS/JGB/SAR-(12.09.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3