Manickam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN and The Hon`ble Ms.Justice R. POORNIMA Crl.M.P(MD) No.10432 of 2024 in Crl.A(MD) No.168 of 2023 1 MANICKAM 2 KARTHIKEYAN 3 VELUCHAMY 4 SELVARAJ ... PETITIONERS/PETITIONERS/APPELLANTS Vs THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.
CRIME NO.12 OF 2020.
... 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 by this Hon`ble Court order made Crl.MP(MD) No. 1256 of 2024 in Crl.A. (MD) No. 168 of 2023 dated 31.07.2024 on the file of this Hon`ble Court on the file of this Hon`ble Court and thus render justice. 1/5
Prayer in CRL A(MD) No.168 of 2023 :
To admit this appeal on file and call for the records from the Lower Court and set aside the Judgment passed by the Learned Principal Sessions Court / District Court, Karur in S.C.No.2 of 2021 dated 20.01.2023, by allowing this appeal. 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 Mr.S.VINAYAK, Advocate for the petitioner and of Mr.T.SENTHIL KUMAR, Additional Public Prosecutor on behalf of the Respondents 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 31.07.2024.
2. The accused were convicted and sentenced by the Trial Court as follows: Accused Section of law Sentence of Fine amount imprisonment A1 to A4 148 IPC 6 months simple Rs.1000/- each in default to imprisonment undergo 1 month simple imprisonment A1 to A5 302r/w.149 Life imprisonment Rs.2,000/- each in default to IPC undergo 6 months simple imprisonment A5 147 IPC 3 months simple Rs.500/- in default to imprisonment undergo 15 days simple imprisonment 2/5
3. While granting suspension of sentence this Court had directed the petitioners herein to stay at Virudhunagar and report before the Inspector of Police, Virudhunagar Town Police Station daily at 10.30 a.m. until further orders.
4. It has been stated that A4 has not consistently complied with the condition. The learned counsel appearing for the petitioner stated that compliance had not been done owing to medical condition. In the affidavit filed in support of the petitioner it had been stated that the petitioners are put to much hardship by staying at Virudhunagar and they are suffering financial loss and their families are under financial crisis.
5. We had also sought for report from the Inspector of Police, Kulithalai Police Station about the hostility in the area and written instructions had been forwarded stating that if A1 andA2 are permitted to enter into the jurisdictional limit of the respondent police there is every possibility of retaliation taking place.
6. But, however balancing all facts, we would modify the condition and direct the petitioners to stay at Karur Town and give their address to the Inspector of Police, 3/5
Karur Town Police Station and sign before the Inspector of Police, Karur Town Police Station on every Saturday at 10.30am., until further order. Further they shall not enter into jurisdictional limit of the respondent police. sd/- 24/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1 THE PRINCIPAL SESSIONS JUDGE / DISTRICT JUDGE, KARUR. 2 THE JUDICIAL MAGISTRATE NO.II, KULITHALAI.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
4 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:
1 THE INSPECTOR OF POLICE, VIRUDHUNAGAR TOWN POLICE STATION, VIRUDHUNAGAR.
2 THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR.
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ORDER
IN Crl.M.P(MD) No.10432 of 2024 in Crl.A(MD) No.168 of 2023 Date :24/10/2024 SA/SVR/SAR. /30.10.2024/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5