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Madras High CourtCRL MP(MD)/10937/2024dismissed

M.Chinnapandi v. The State Of Tamil Nadu

2024-12-18Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in CRL RC(MD) Nos.992 and 1010 of 2024 M.CHINNAPANDI ... Appellant / Accused No.2 in CRL MP(MD) No.10936 of 2024 1.MURUGAN @ VAI.GO.MURUGAN 2.SELVAM ... Petitioners / Petitioners in CRL MP(MD) No.11224 of 2024 Vs THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.127 OF 2008.) ... Respondent / Respondent in both petitions Prayer in CRL MP(MD). 10937/ 2024 :

To pass an order of exempting the Petitioner from surrendering pursuant to the judgment passed by the Learned Assistant Sessions Judge,Valliyoor,Tirunelveli District vide judgment dt.15.9.2016 in SC.No.243 of 2011 which has been partly allowed by the learned III Additional District and Sessions Judge, Tirunelveli in CRL A No.59 of 2016 vide judgment dated 28.08.2024 pending disposal of the main criminal revision pending on the file of this Hon'ble Court. 1/4

Prayer in CRL RC(MD). 992/ 2024 :

To call for the entire records pertaining to the judgment delivered by the Learned Assistant Sessions Judge, Valliyoor,Tirunelveli District vide judgement dt.15.9.2016 in SC.No.243 of 2011 which has been partly allowed by the learned III Additional District and Sessions Judge, Tirunelveli in Criminal Appeal No.59 of 2016 vide judgment dated 28.08.2024 and set aside the same and consequently acquit the appellant from all the charges mentioned in the said case. Prayer in CRL MP(MD). 11224/ 2024 :

To Exemption to surrender before the Learned III Additional District and Sessions Court, Tirunelveli in Crl.ANo.59/2016 dt. 28.08.2024 by confirming the judgment of conviction in S.C.No.243/2011 dt.15.09.2016 on the file of the learned Assistant Sessions Judge, Valliyur pending disposal of this criminal revision. Prayer in CRL RC(MD). 1010/ 2024 :

To call for the records pertaining to the order passed by the Learned III Additional District and Sessions Court, Tirunelveli in Crl.ANo.59/2016 dt. 28.08.2024 by which the judgment of conviction dt.15.09.2016 passed in S.C.No.243/2011 by the learned Assistant Sessions Judge, Valliyur has been upheld by dismissing the aforesaid appeal and consequently confirming the conviction of the revision petitions and to set aside the same as illegal. Order : These criminal miscellaneous petitions coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.ANAND R., Advocate for the petitioner in CRL MP(MD) No.10936f 2024 and Mr.K.SUYAMBULINGABHARATHI, Advocate on behalf of the petitioners in CRL MP(MD) No.11223 of 2024 and of Mr.R.M.ANBUNITHI, Additional Public Prosecutor on behalf of the Respondent in both petitions, the Court made the following order:- In view of the orders passed in Crl.M.P(MD)Nos.10936 and 11223 of 2024 in 2/4

Crl.R.C(MD)Nos.992 and 1010 of 2024, these Criminal Miscellaneous Petitions are dismissed.

sd/- 18/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD To 1.The III Additional District and Sessions Judge, Tirunelveli.

2.The Assistant Sessions Judge, Valliyoor.

3.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

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

ORDER

IN in CRL RC(MD) Nos.992 and 1010 of 2024 Date :18/12/2024 3/4

ED/ VR /SAR- (31/12/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4