The Madurai Bench dismissed two criminal miscellaneous petitions seeking to relax conditions and extend time granted in a prior order. The court held that discrepancies between the petitioner's address on the Aadhaar card and the petition indicated a lack of clean hands.
Petitions Crl.M.P.(MD).Nos.1700 and 1701 of 2018 were dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Twelfth day of March Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice R.PONGIAPPAN
CRL MP(MD) No.1700 AND 1701 of 2018 IN CRL OP(MD) No.2070 of 2018
R. VAITHIYANATHAN ... PETITIONER/PETITONER IN BOTH THE PETITONS
Vs
STATE REPRESENTED BY THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT.
IN CR.NO. 334/2017 ... RESPONDENT/RESPONDENT
IN BOTH THE PETITONS
PRAYER IN CRL MP(MD)NO.1700/2018 IN CRL OP(MD)NO.2070/2018:
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 by this Honourable Court In Crl.OP(MD)No. 2070/2018 dated 09.02.2018.
Prayer in CRL MP(MD). 1701/ 2018 IN CRL OP(MD)NO.2070/2018: To extend the time granted in Crl.OP(MD)No.2070/2018 dated 09.02.2018.
Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.K.ARUNRAJ, Advocate for the petitioner in both the petitions and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) for the Respondent in both the petitions the court made the following order:-
These petitions have been filed to relax the condition and to extend the time granted in Crl.O.P.(MD)No.2070 of 2018, dated 09.02.2018.
2.Heard the learned counsel appearing for the petitioner.
the petitioner is residing in Trichy. But, on go through the petition mentioned address, he was residing in Madurai. It shows that the petitioner is not approached this Court with clean hands. Thereby, considering the nature of offence committed by the petitioner, this Court is not inclined to allow these petitions. Hence, the Crl.M.P.(MD).Nos.1700 and 1702 of 2018 in Crl.O.P.(MD). No.2070 of 2018 are dismissed.
sd/12/03/2018
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ILLAYANKUDI
3 THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT.
GJM/CM/VR/SAR-2-16.3.18-2P-5C
ORDER IN CRL MP(MD) No.1700 & 1701 of 2018 IN CRL OP(MD) No.2070 of 2018 Date :12/03/2018
3 issues framed by the court
Whether to relax the condition and extend the time granted in a previous order.
Whether the petitioner approached the court with clean hands given discrepancies in residence details.
Whether to allow petitions filed to modify court-imposed conditions.
R. VAITHIYANATHAN
STATE REPRESENTED BY THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT.
R. PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
