Palani @ Palanichamy v. The Inspector of Police

CRL MP(MD) No.8143 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.8143 of 2023 in CRL A(MD) No.171 of 2021 PALANI @ PALANICHAMY ... PETITIONER/APPELLANT/SOLE ACCUSED Vs State Rep.by THE INSPECTOR OF POLICE NATHAM CIRCLE, SANARPARTTI POLICE STATION, DINDIGUL DISTRICT. CRIME NO.03 OF 2016. ... RESPONDENT/COMPLAINANT 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 imposed on the Petitioner by this Honble Court in Crl.MP.(MD).No.2752 of 2021 in Crl.A.(MD).No.171 of 2012 dated

30.03.2021 and to direct the Petitioner to produce the normal surety before the Honble Sessions Judge, Fast Track Mahila Court, Dindigul instead of blood relative surety. PRAYER IN CRL A(MD).171/2021 : To call for the entire records connected with the judgment rendered by the Hon'ble Sessions Judge, Fast Track Mahila Court, Dindigul in S.C.No.23 of 2016 dated 07.10.2020 and set aside the same and consequently acquit the appellant. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.PRAKASH R, Advocate for the petitioner and of MR.A.ALBERT JAMES, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- The above petition has been filed seeking modification for the orders passed by this Court in Crl.M.P.(MD)No.2752 of 2021 dated

30.03.2021, wherein, while suspending the sentence of imprisonment, the petitioner was directed to execute a bond for a sum of Rs.10,000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Judicial Magistrate, Dindigul. CRL MP(MD) No.8143 of 2023

¶2It is further evident that subsequently, the said condition was modified and the petitioner was directed to execute a bond to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Dindigul. Now the petitioner has filed the present petition seeking modification with regard to the production of blood relative as a surety.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is not having any blood relative to stand as a surety and that the petitioner is in jail from the date of judgment i.e., on 07.10.2020.

¶4Considering the above facts and circumstances and also the fact that the petitioner is in jail from 07.10.2020, this Court is inclined to modify the condition to that effect that the petitioner is directed to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Dindigul. sd/- 13/06/2023 / TRUE COPY / 13/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. csm TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, DINDIGUL. 2 THE JUDICIAL MAGISTRATE, DINDIGUL. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 4 THE INSPECTOR OF POLICE, NATHAM CIRCLE, SANARPARTTI POLICE STATION, DINDIGUL DISTRICT. 5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL MP(MD) No.8143 of 2023 in CRL A(MD) No.171 of 2021 Date :13/06/2023 RS/VR/SAR-(13.06.2023) 2P 7C