High Court modified the condition of a suspended sentence requiring monthly appearance, reducing it to a quaterly visit due to the petitioner's heart condition and residence in Chennai.
Modified condition from monthly appearance to once in three months starting October 2017.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Twenty First day of September Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice V.BHARATHIDASAN
CRL MP(MD) No.8675 of 2017 IN CRL RC(MD) No.78 of 2010
SUBBIAN
... PETITIONER/ PETITIONER
Vs
STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPPARANKUNDRAM, MADURAI DISTRICT. (IN CRIME NO.24 OF 2000) ... RESPONDENT/ RESPONDENT
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition imposed in the order made in Crl.M.P.No.1 of 2010 in Crl.R.C.No.78 of 2010 dated 22.03.2010 on the file of this Honourable High Court and thus render justice.
Prayer in Crl.M.P.No.1 of 2010 in Crl.R.C.No.78 of 2010:
To suspend the sentence imposed in the judgment dated 21.08.2009 passed in C.C No.673/2000 on the file of the Judicial Magistrate No.VI, Madurai confirmed in the judgment dated 10.02.2010 in C.A No.79/2009 on the file of the Additional District Sessions Court/ Fast track Court No.1, Madurai.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.J.SULTHAN BASHA, Advocate for AJMAL ASSOCIATES for the petitioner and of M/S.C.MAYILVAHNARAJENDRAN, Additional Public Prosecutor on behalf of the Respondent the court made the following order:-
Earlier, by an order dated, 22.03.2010, passed in M.P.(MD).No.1 of 2010 in Crl.R.C.(MD).No.78 of 2010, this Court suspended the sentence imposed on the petitioner with a condition to appear before the learned Judicial Magistrate No.VI, Madurai on the first working day of every English Calender month at 10.30 a.m., until further orders. To relax the above condition, the present petition is filed.
https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the petitioner would contend that the petitioner is complying with the condition from 2010 to till date
without fail. Now, he suffered from “Heart Attack” and he is taking treatment at Madras Medical Mission Hospital, Chennai and hence, the petitioner is unable to comply the conditions.
3.Considering the fact that the petitioner is appearing before the trial court regularly from 2010 onwards and also taking note of the fact that the petitioner is taking treatment at Chennai, the condition earlier imposed by this Court is modified to the effect that the petitioner shall appear before the learned Judicial Magistrate No.VI, Madurai once in three months commencing from first working day of October 2017, until further orders.
4.Accordingly, this petition is disposed of.
sd/21/09/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
ORDER
IN CRL MP(MD) No.8675 of 2017 IN
CRL RC(MD) No.78 of 2010 Date :21/09/2017
MS/RR-BS/SAR.2/26.09.2017/2P.6C
1 issue framed by the court
Whether the condition of monthly appearance under suspended sentence can be relaxed due to medical inability and residence in Chennai.
SUBBIAN
STATE
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
