Shyam Prasath v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL A(MD) No.337 of 2022 SHYAM PRASATH ... Petitioner / Petitioner / Appellant Vs THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TIRUNELVELI DISTRICT. (CRIME NO.159/2014.) ... 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 against the petitioner in Crl MP (MD) No.5937/2022 in Crl A

(MD) No.337/2022 dt.19.05.2022. Prayer in CRL MP(MD) No.5937 of 2022: To suspend the conviction and sentences imposed by the learned Sessions Judge, Mahalir Neethimandram, Tirunelveli in S.C.No.193 of 2016, dated

13.04.2022 and enlarge the petitioner on bail, pending disposal of the above said criminal appeal. Prayer in CRL A(MD) No.337 of 2022: To call for the records and set aside the conviction and sentences imposed by the learned Sessions Judge, Mahalir Neethimantram, Tirunelveli in S.C.No.193 of 2016 datd 13.04.2022 and acquit the appellant. 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.PAREKHKUMAR.J, Advocate for the petitioner and of Mr.S.MANIKANDAN, Government Advocate (Crl. side) 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.5937 of 2022 in Crl.A(MD)No.337 of 2022 dated 19.05.2022.

¶2The learned counsel for the petitioner and Mr.S.Manikandan, learned Government Advocate (Crl. Side) appearing for the respondent police are present before this Court.

¶3The learned counsel for the petitioner submitted that the petitioner has been complying with the condition imposed by this court regularly.

¶4The learned Government Advocate(Crl.Side) submitted that the petitioner has been complying with the condition regularly and also submitted that the investigation is going on.

¶5Considering the facts and circumstances of this case, the condition imposed by this court in Crl.M.P(MD).No.5937 of 2022 in Crl.A(MD).No.337 of 2022 dated

19.05.2022 is modified and the petitioner shall report before the concerned trial Court once in three months (i.e) on first working day of January, April, July, October at 10.30 a .m., until further orders.

sd/-

22/12/2023

/ TRUE COPY /

/01/2024

Sub-Assistant Registrar (C.S.I/II/III/IV)

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA To

1.The Sessions Judge, Mahalir Neethimandram, Tirunelveli.

2.The Judicial Magistrate, Ambasamudram.

3.Do through the Chief Judicial Magistrate, Tirunelveli District.

4.The Inspector of Police, Kadayam Police Station, Tirunelveli district.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.J.PAREKHKUMAR, Advocate ( SR-18304[I] dated 22/12/2023 ) ORDER IN in CRL A(MD) No.337 of 2022 Date :22/12/2023 ED/DD /SAR- (04/01/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023