A.Dinakar v. A.Boothalingam Pillai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice VIVEK KUMAR SINGH in CRL RC(MD) No.1137 of 2023 A.DINAKAR ... PETITIONER/REVISION PETITIONER Vs A.BOOTHALINGAM PILLAI ... 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 modify the condition No.iv, imposed on the petitioner in Crl.M.P.(MD).14496/2023 in Crl.RC (MD).No.1137 of 2023 dt.13.10.2023 with regard to the petitioner 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 Prayer in CRL RC(MD).1137/2023 :

To Suspend the sentence imposed in C.A.No.151/2017 on the file of the Additional Sessions Judge (Fast Track), Nagercoil dated 07.09.2023 confirming the judgment of conviction passed in C.C.No.136 of 2012 on the file of the Fast Track Court(Magistrate Level)No.1, Nagercoil dated 12.09.2017, and grant bail, pending disposal of the main Criminal revision Petition. Prayer in CRL RC(MD). 1137/ 2023 :

To call for the records and to allow this Criminal Revision Petition and set aside the Judgment of conviction in C.A.No.151 of 2017 on the file of Additional Sessions Judge(Fast Track), Nagercoil dt.07.09.2023 confirming the Judgment of conviction imposed in C.C.No.136/2012 on the file of the Fast Track Court(Magistrate Level) No.1, Nagercoil dated 12.09.2017.

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.APPAJI.C.K.M., Advocate for the petitioner and of MR.P.PUHAZH GANDHI, Advocate on behalf of the Respondent, the court made the following order:- 1/3

This petition has been filed to modify the condition No.iv imposed on the petitioner in Crl.MP.(MD)No.14496 of 2023 in Crl.RC (MD) No.1137 of 2023 on 13.10.2023.

2.The learned counsel for the petitioner submitted that the petitioner is unable to present before both the learned District Munsif cum Judicial Magistrate at Boothapandy and the Fast Track (Magistrate Level) No.1, Nagercoil at the same time. Hence, prayed to modify the condition No.iv imposed on the petitioner in Crl.MP. (MD)No.14496 of 2023 in Crl.RC (MD) No.1137 of 2023 on 13.10.2023. 3.Heard the learned counsel for the respondent. 4.Considering the nature of grievance of the petitioner, the condition imposed by this court in in Crl.MP.(MD)No.14496 of 2023 in Crl.RC (MD) No.1137 of 2023 on 13.10.2023 is modified to the effect that the petitioner shall report before the learned District Munsif cum Judicial Magistrate at Boothapandy, once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders. 5.This petition is modified accordingly.

sd/- 24/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

TO 1 THE ADDITIONAL SESSIONS JUDGE, (FAST TRACK), NAGERCOIL 2 THE FAST TRACK JUDGE, (MAGISTRATE LEVEL), NAGECOIL. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

COPY TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, BOOTHAPANDY.

+1 CC TO MR.C.K.M.APPAJI, ADVOCATE, SR-1122[I] Dated 30/01/2024

ORDER

IN in CRL RC(MD) No.1137 of 2023 Date :24/01/2024 RS/JGB/SAR-(29.01.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3