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Madras High CourtCRL MP(MD)/12791/2024dismissed

K.S.Alphonse v. The State Of Tamilnadu

2024-11-27Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Crl.M.P.(MD)No.12791 of 2024 in Crl.R.C.(MD)No.1238 of 2024 K.S.ALPHONSE ... Petitioner / Petitioner Vs 1 THE STATE OF TAMILNADU REP BY THE SUB INSPECTOR OF POLICE, C.C.I.W, POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

CRIME NO.1/99.

... 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 Exempt from surrender imposed upon the petitioner in C.C.No.65 of 2000 on the file of the Learned Judicial Magistrate No.II, Tirunelveli, Tirunelveli District and by judgment dated 15.03.2006, which had been modified in Crl.A.No.84 of 2006 on the file of the learned sessions Judge, (Fast Track Mahila Court) Nagercoil, Kanyakumari District vide Judgement dated 04.10.2024 pending disposal of the main Criminal Revision Petition.

Prayer in CRL RC(MD). 1238/ 2024 :

To call for the records and set aside the judgment dated 04.10.2024 in C.A.No.84 of 2006 on the file or the Learned Sessions Judge, Fast Track Mahila Court, Nagercoil, 1/3

Kanyakumari District modify the conviction and sentence passed in C.C.No.65 of 2000 on the file of the Learned Judicial Magistrate NO.II, Tirunelveli, Tirunelveli District judgment dated 15.03.2006 and ACQUIT the petitioner of the charges. 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.V.H.S.PRATHAP, Advocate for the petitioner and of M/s.R.M.ANBUNITH, Additional Public Prosecutor on behalf of the Respondents, the Court made the following order:- In view of the order passed by this Court in Crl.M.P.(MD)No.12790 of 2024, this Criminal Miscellaneous Petition is dismissed. sd/- 27/11/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 THE SESSIONS JUDGE, (FAST TRACK MAHILA COURT), NAGERCOIL, KANYAKUMARI DISTRICT, 2 THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI DISTRICT.

3 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

2/3

4 THE SUB INSPECTOR OF POLICE, C.C.I.W, POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

ORDER

IN Crl.M.P.(MD)No.12791 of 2024 in Crl.R.C.(MD)No.1238 of 2024 Date :27/11/2024 PSP/ GSV /SAR /09.12.2024/ 3P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3