Madras High CourtCRL MP(MD)/18957/2025allowed

Venkatesh @ Venkateswaran v. State Of Tamilnadu Rep By Inspector Of Police, Kollidam

2025-12-02Honourable Mrs Justice N. Mala3 pages

CRL MP(MD) NO. 18957 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-12-2025

CORAM

THE HONOURABLE MRS JUSTICE N. MALA CRL MP(MD) NO. 18957 of 2025 in Crl.MP(MD)No.6446 of 2025 Venkatesh @ Venkateswaran .... Petitioner(s) Vs.

State Of Tamilnadu Rep By Inspector Of Police, Kollidam Police Station Tiruchirappalli District(Crime No. 330/2015)

...Respondent(s)

For Petitioner(s) : Mr.N. Mohideen Basha For Respondent(s): Mr.K.Sanjai Gandhi Government Advocate (Crl.side) Prayer: This petition is filed under Section 528 of BNSS to relax the condition no. 8(ii) imposed in Crl.M.P.(MD). No. 6446 of 2025 dt. 24.07.2025 pending Crl.A.(MD). No. 220 of 2025 on the file of this Court.

ORDER

This petition is filed for relaxing the condition No.8(ii) imposed in Crl.M.P(MD)No.6446 of 2025 dated 24.07.2025 pending criminal appeal.

2. Crl.M.P(MD)No.6446 of 2025 was filed for suspension of sentence imposed by the learned Principal Sessions Judge, Trichirappalli in S.C. No.148 of 1/3

2017 dated 07.02.2024.

3. This Court, while suspending the sentence in Crl.M.P(MD)No.6446 of 2025 dated 24.07.2025, imposed the following conditions: ''i) that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Trichirappalli;

ii) that the petitioner shall appear before the trial Court on all working days at 10.30 a.m, till the disposal of the appeal'' 4.The petitioner in his petition submitted that he is put to untold hardship because of the aforesaid condition No.8(ii) and that he is without employment and unable to take care of his family. The petitioner further averred that he is regularly appearing before the trial court for the past four months.

5. The learned Government Advocate (Crl.side) submits that the petitioner has complied with the condition imposed by this Court by executing a bond for Rs.25,000/- with two sureties of like sum and also appeared before the trial court regularly for the past 82 days.

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6. In view of the averments made in the affidavit and the submissions made by the learned Government Advocate (Crl.side) the condition No.8(ii) of the order is modified to the effect that the petitioner shall appear before the trial court on all Mondays of each month at 10.30 a.m till the disposal of the appeal. 02-12-2025 CM To Inspector Of Police, Kollidam Police Station, Tiruchirappalli District.

Crime No. 330/2015.

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