Mahesh Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL A(MD) No.701 of 2022 MAHESH KUMAR ... PETITIONER/PETITIONER/APPELLANT Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

CRIME NO.02/2020.

... RESPONDENT/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 relax the condition imposed in Crl MP No.13171/2022 in Crl.A(MD)No.701/2022 on 14.11.2022.

Prayer in CRL MP(MD).13171/2022 :

To Suspend the sentence imposed by the Special Court (Protection of Children from Sexual Offences Act Cases), Virudhunagar District at Srivilliputtur, in special SC No.25/2020 on 28.07.2022 and release the petitioner on bail pending disposal of the Criminal Appeal.

Prayer in CRL A(MD).701/2022 :

To call for the records and set aside the conviction and sentence imposed by the Special Court (Protection of Children from Sexual Offences Act Cases), Virudhunagar District at Srivilliputtur in Special S.C.No.25/2020 on 28.07.2022 and allow this Criminal Appeal.

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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.JOTHI BASU.M, Advocate for the petitioner and of MR.S.MANI KANDAN, Government Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to relax the condition imposed on the petitioner in Crl.M.P(MD)No.13171 of 2022 in Crl.A(MD)No.701 of 2023 dated 14.11.2022. 2.The learned counsel for the petitioner submitted that the petitioner has been complying with the condition for the past 56 weeks. 3.The learned Government Advocate (Crl.side) appearing for the respondent police also fairly conceded the same.

4.Considering the nature of offence, the condition imposed by this court in Crl.M.P(MD)No.13171 of 2022 in Crl.A(MD)No.701 of 2023 dated 14.11.2022 is modified and the petitioner shall appear before the respondent police once in a month on the first working day of every English calendar month at 10.30 a.m., until further orders.

sd/- 21/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE SPECIAL JUDGE, SPECIAL COURT FOR PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT CASES, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-18175[I] dated 21/12/2023 )

ORDER

IN in CRL A(MD) No.701 of 2022 Date :21/12/2023 RS/JGB/SAR-(04.01.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3