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Madras High CourtCRL MP(MD)/12670/2024disposed of

Prabhu @ Gerald Prabhu v. The State Of Tamil Nadu

2024-11-26Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN and The HONOURABLE MS. JUSTICE R. POORNIMA in Crl.M.P.(MD)No.16074 of 2023 in CRL.A.(MD)No.1004 of 2023 1 PRABHU @ GERALD PRABHU 2 RAJ @ STALIN RAJ ...APPELLANT/ACCUSED NO.1&2 Vs THE STATE OF TAMIL NADU THE INSPECTOR OF POLICE, THENTHAMARAIKULAM POLICE STATION, KANYAKUMARI DISTRICT.

... RESPONDENT PRAYER IN CRL.M.P.(MD)No.12670 of 2024:

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Modify the condition entirely as it was imposed in the Crl MP(MD) No.16074/2024 on 20.09.2024 in Crl A (MD) No.1004/2023 in SC No.83/2012 on the file of the Respondent and thus render justice.

PRAYER IN Crl.M.P.(MD)No.16074 of 2023:

Criminal Miscellaneous Petition filed praying that in the circumstances stated 1/3

therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed by the Learned Additional District Judge (FTC), Nagercoil SC No.83/2012 dt.5/10/2023 and enlarge the appellants on bail pending disposal of the above criminal appeal.

Prayer in CRL A(MD) No.1004 of 2023:

To call for the records pertaining to the judgment rendered by the learned Additional District Judge (Fast Track Court), Nagercoil in S.C.No.83 of 2012 dated 05.10.2023 and set aside the same allowing the appeal. 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.SMA. JINNAH, Advocate for the petitioners and of Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Proseuctor on behalf of the Respondent, the Court made the following order:- Heard both sides.

2. The petitioners were granted suspension of sentence and bail vide order dated 20.09.2024. They were directed to stay at Madurai and sign before the Othakadai Police Station on every Saturday at 10.30 a.m. The petitioners are complying with the said condition since 30.09.2024. The petitioners seek modification on the ground that complying with the condition is causing them great hardship.

3. We are satisfied that the case for relaxation has been made out. The condition imposed on the petitioner is modified. The petitioners are directed to report before the learned District Judge (Fast Track Court), Nagercoil on the 1st working day of every month.

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4. This criminal miscellaneous petition is disposed of accordingly. sd/- 26/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

rmi To 1.The District Judge (Fast Track Court), Nagercoil 2.The Inspector of Police, Thenthamaraikulam Police Station,Kanyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, Othakadai Police Station,Madurai.

ORDER

IN in Crl.M.P.(MD)No.16074 of 2023 in CRL.A.(MD)No.1004 of 2023 Date :26/11/2024 RK/GSV (05/12/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3