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Madras High CourtCRL MP(MD)/12304/2024ordered

Paramarasu v. The State Of Tamilnadu

2024-11-18Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Eighteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI CRL MP(MD). No.12304 of 2024 in CRL.RC No.1249 of 2023 Paramarasu

...Petitioner/Petitioner

Vs The State of Tamilnadu Rep by the Deputy Superintendent of Police Thanjavur DCB Police Station, Thanjavur District.(Crime No.21 of 2020) ... Respondent/Respondent Prayer in Crl.MP(MD)No.12304 of 2024 :- This Criminal Miscellaneous Petition is filed under Section 528 of BNSS.,praying for relaxing the conditions imposed in the order dated 19.12.2023 in Crl.R.C(MD). No.1249 of 2023.

Prayer in Crl.RC(MD)No.1249 of 2023:

This Criminal Revision Petition has been filed under section 397 r/w 401 of Cr.p.c., to call for the records relating to the order dated 04.09.2023 made in Crl.MP No.5130 of 2023 in CA No.191 of 2023 on the file of the Principal Sessions Judge, Thanjavur, and set aside the same and to suspend the sentence imposed by the Chief Judicial Magistrate, Thanjavur at Kumbakonam, in CC No.321 of 2023 dated 18.07.2023.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.Tamil Mani, Advocate for the Petitioner and of Mr.Vaikkam Karunanithi,Government Advocate(Criminal Side) for the Respondent, and upon reading the order dated 09/12/2023,this Court made the following order: This Criminal Miscellaneous Petition has been filed seeking an order to relax the condition imposed on the petitioner by this Court in its order, dated 19.12.2023, in Crl.R.C.(MD)No.1249 of 2023.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

3. The learned counsel for the petitioner submitted that in pursuant to the order of this Court dated 19.12.2023, the petitioner has been regularly appearing before the trial Court till date on the first working day of every week at 10.30 a.m.

4. The learned Government Advocate (Criminal Side) has not raised any serious objection to this petition.

5. Considering the above facts and circumstances of the case, and also considering the fact that the petitioner is abiding by the condition regularly till date, this Court is inclined to modify the condition imposed against him by this Court in its order dated 19.12.2023.

6. Accordingly, this Criminal Miscellaneous Petition is allowed, and the condition is modified as follows :

"The petitioner shall appear before the trial Court once in a month i.e., on the first working day of every month at 10.30 a.m., until further orders".

Sd/- Assistant Registrar(CS I) // True Copy // /12/2024 Sub Assistant Registrar (CS- I/ II / III / IV) TO 1.The Deputy Superintendent of Police Thanjavur DCB Police Station, Thanjavur District. Crime No.21 of 2020.

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

+1CC to M/s.N.Tamilmani,Advocate(SR.No.66103) ORDER DATED: 18/11/2024 =========================

ORDER

========================= CRL MP(MD)No.12304 of 2024 in Crl.RC No.1249 OF 2023 Giving direction and etc.

as stated within.

MGJ(06.12.2024) 4P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023