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Madras High CourtCRL MP(MD)/11593/2024ordered

R.Thiyagu v. The State Of Tamil Nadu

2025-02-17Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-02-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI and CRL A(MD)NO.889 of 2023 R.Thiyagu S/o. Rajagopal, Maadupatti, Pallanki, Kodaikanal, Dindigul District.

Petitioner(s) Vs The State of Tamil Nadu Rep by the Inspector of Police, All Women Police Station, Kodaikanal, Dindigul District.

Crime No. 12/2021 Respondent(s) For Petitioner(s):

M/s.Appaji C.K.M.

For Respondent(s):

Mr.T.Senthil Kumar, Additional Public Prosecutor

ORDER

The petitioner has approached this Court seeking modification of the condition imposed on the petitioner in Crl MP(MD)No.13813 of 2023 in Crl A(MD)No.889 of 2023 dated 11.01.2024.

2.As against the conviction imposed on the petitioner in Spl.SC.No.89 of 2021 by the Fast Track Mahila Court, Dindigul dated 03.02.2023, the petitioner filed an appeal in CrlA(MD)No.889 of 2023 and the same was admitted by this Court on 29.09.2023. He also filed an application in Crl MP(MD)No.13813 of 2013 to suspend the sentence, 1/3

pending the appeal and it was allowed on 11.01.2024. However the petitioner could not furnish the sureties as directed in the order dated 11.01.2024 and the petitioner has subsequently filed an application to modify the condition imposed on him. It has been allowed by order dated 18.07.2024. Thereafter the petitioner has come out on bail and he has complied with the condition from 14.08.2024 to 28.09.2024. From 29.09.2024, the petitioner has failed to appear. At this stage he has filed this application to modify the condition.

3.The learned Sessions Judge, Fast Track Mahila Court, Dindigul has submitted a report dated 08.10.2024 that the petitioner has not complied with the condition from 28.09.2024 AN. The learned Additional Public Prosecutor submits that the petitioner has not complied with the condition from 28.09.2024AN. 4.The petitioner has now filed this application that he was suffering with fever and therefore, he could not report on 29.09.2024, however, thereafter he was not permitted to sign in the register.

5.This Court considered the rival submissions made. 6.Though the sentence imposed on the petitioner was suspended on 11.01.2024, he came out on bail on 09.08.2024 and complied with the condition from 14.08.2024 to 28.09.2018. Considering that substantial period of compliance and the difficulty expressed by him for his non appearance on 29.09.2024, this Court is inclined to 2/3

modify the condition. The petitioner shall report before the trial Court on the first working day of every month.

This petition is ordered accordingly.

sd/- 17/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSK TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, DINDIGUL. 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT.

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

ORDER IN and CRL A(MD)NO.889 of 2023 Date :17/02/2025 RS/VR/SAR-(12.03.2025) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3