← Library
Madras High CourtCRL MP(MD)/14078/2023ordered

Pandiyan v. The Inspector Of Police

2023-10-06Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in Crl.A.(MD) No.494 of 2022 PANDIYAN ... PETITIONER/PETITIONER/ APPELLANT Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PANDHANALLUR POLICE STATION, THANJAVUR DISTRICT.

CR.NO.491/2021 ... 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 on the petitioner in Crl.M.P.(MD0.No.3779/2023 in Crl.A (MD0.No.494/2022 dt 08.03.2023 and thus render justice. PRAYER IN CRL A(MD) No.494 of 2022 :

To call for the records and set aside the judgment dated 29.07.2022 made in SPECIAL S.C No.6 of 2021 on the file of the Learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur and allow the above criminal 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 M/S.ANANDAKUMAR.N, Advocate for the petitioner and of MR. MANIKANDAN, Government Advocate(Crl.side) on behalf of the Respondent the court made the following order:- 1/3

This petition has been filed to relax the condition imposed on the petitioner/accused in the order dated 08.03.2023 passed by this Court in Crl.M.P. (MD) No.3779 of 2023 in Crl.A.(MD) No.494 of 2022.

2. The petitioner/accused was ordered to be released on bail on 08.03.2023 with a condition that the petitioner/accused shall appear before the concerned Court on all working days at 10.30 a.m. until further orders. The learned counsel for the petitioner/accused would submit that the petitioner/accused is abiding the condition regularly till date and therefore pray for relaxation of the said condition.

3. The learned Government Advocate (Criminal Side) appearing for the respondent has fairly conceded the same.

4. Considering the above facts and circumstances of the case and considering the fact that the petitioner/accused is abiding the condition imposed on him, this Court is inclined to relax the condition. Accordingly, the condition is relaxed and the petitioner/accused is directed to appear before the Trial Court once in a month, i.e. on the first working day of every English Calendar Month at 10.30 a.m., until further orders.

2/3

5. Accordingly, this Criminal Miscellaneous Petition is allowed. sd/- 06/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

JEN TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THANJAVUR.

2 THE INSPECTOR OF POLICE PANDANALLUR POLICE STATION, THANJAVUR DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.N.ANANDAKUMAR, Advocate ( SR-14735[I] dated 06/10/2023 )

ORDER

IN CRL MP(MD) No.14078 of 2023 Date :06/10/2023 RK/DD (10/10/2023) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3