Karthikeyan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Crl.M.P.(MD)Nos.12058 & 12059 of 2024 in Crl.R.C.(MD)No.1165 of 2023 KARTHIKEYAN ... Petitioner / Petitioner / Petitioner in both petitions Vs THE STATE OF TAMILNADU REP BY THE INSPECTOR OF POLICE, THIRUKKOGARNAM POLICE STATION, PUDUKOTTAI, PUDUKOTTAI DISTRICT.

(IN CRIME NO.174/2016).

... Respondent / Respondent / Respondent in both petitions Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Condone the absence of the petitioner from 01.10.2024 in complying the condition imposed by this Honble Court dated 19.10.2023 in Crl.M.P.(MD).No.14863 of 2023 in Crl.R.c. (MD).No.1165 of 2023 on the file of this Honble Court. Prayer in CRL MP(MD). 12059/ 2024 :

To relax the condition imposed by this Honble Court in order dated 19.10.2023 in Crl.M.P.(MD).No.14863 of 2023 in Crl.R.C.(MD).No.1165 of 2023 on the file of this Honble Court.

Prayer in CRL RC(MD). 1165/ 2023 :

To call for the records pertaining to the judgement dt 28.06.2023 made in Crl.A.No.55/2022 on the file of Additional District Cum Sessions Court Pudukottai 1/4

Confirming the judgment dt 18.10.2022 in C.C.No.30/2017 on the file of Learned Assistant Sessions Judge (Chief Judicial Magistrate) Pudukottai, set aside the same and allow the Criminal Revision.

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.A.N.RAMANATHAN, Advocate for the petitioner and of M/s.M.VAIKKAM KARUNATHI, Government Advocate on behalf of the Respondents the court made the following order:- These Criminal Miscellaneous Petitions have been filed to condone the absence of the petitioner from 01.10.2024 in complying with the condition imposed by the order of this Court, dated 19.10.2023, in Crl.M.P.(MD) No.14863 of 2023 in Crl.R.C. (MD)No.1165 of 2023, and to relax the condition imposed by this Court in its order, dated 19.10.2023, in Crl.M.P.(MD)No.14863 of 2023 in Crl.R.C.(MD)No.1165 of 2023.

2. The learned counsel for the petitioner submitted that by an order of this Court, dated 19.10.2023, the petitioner was granted with the relief of suspension of sentence on conditions. One of the conditions is that the petitioner was 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.

3. He further submitted that the petitioner has complied with the said condition from 01.01.2024 till 01.09.2024 without any default. Subsequently, due to his health condition, he could not appear before the trial Court from 13.09.2024, and has also produced medical records to that effect to show that he was affected with stroke, due 2/4

to which, his left hand and left leg were paralysed.

4. Considering the reasons stated in the affidavit filed in support of this petition, and also considering the health condition of the petitioner, this Court is inclined to allow these petitions. Accordingly, these Criminal Miscellaneous Petitions are allowed.

5. The absence of the petitioner from 01.10.2024 till date in complying with the condition imposed by this Court in its order, dated 19.10.2023, in Crl.M.P.(MD) No.14863 of 2023 in Crl.R.C.(MD)No.1165 of 2023, is condoned, and the condition imposed as against the petitioner by this Court in its order, dated 19.10.2023, in Crl.M.P.(MD)No.14863 of 2023 in Crl.R.C.(MD)No.1165 of 2023, is relaxed. However, the petitioner shall appear before the trial Court as and when required. sd/- 13/11/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO

1. THE JUDGE, ADDITIONAL DISTRICT CUM SESSIONS COURT PUDUKOTTAI 3/4

2. THE ASSISTANT SESSIONS JUDGE (CHIEF JUDICIAL MAGISTRATE) PUDUKOTTAI 3 THE INSPECTOR OF POLICE, THIRUKKOGARNAM POLICE STATION, PUDUKOTTAI, PUDUKOTTAI DISTRICT.

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

+1. C.C. to A.N.RAMANATHAN Advocate SR.No.13974(I) dated 14/11/2024

ORDER

IN Crl.M.P.(MD)Nos.12058 & 12059 of 2024 in Crl.R.C.(MD)No.1165 of 2023 Date :13/11/2024 PSP/ GSV /SAR /25.11.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4