Allowed

Shenbagaraj v. The Inspector of Police

Madras HC16 Mar 2022CRL MP(MD)/3168/2022

Case brief

AI extract

What is this about?

The Madurai Bench modified reporting conditions for two appellants under Section 437/439 CrPC. Deeming their daily wage status a hardship, the Court reduced the reporting frequency from weekly to monthly and designated a magistrate in their residence district. Both petitions were allowed.

What did the court decide?

Condition modified to require appearance once every calendar month at the Kovilpatti Judicial Magistrate's court instead of weekly.

Shenbagaraj Vs The Inspector of Police — Service and Employment | Madras HC (2022)

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Crl.M.P(MD)Nos.3168 & 3170 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Wednesday, the Sixteenth day of March Two Thousand and Twenty Two

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PRESENT

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The Honble Mr.Justice R.SUBRAMANIAN and The Honble Mr.Justice N.SATHISH KUMAR

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Crl.M.P(MD)Nos.3168 & 3170 of 2022

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Crl.A(MD)Nos.619 & 493 of 2019

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SHENBAGARAJ ... PETITIONER/APPELLANT

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IN CRL MP(MD)No.3168 of 2022

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SENTHILKUMAR

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...PETITIONER/PETITIONER/APPELLANT

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IN CRL MP(MD)No.3170 of 2022

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THE STATE REP BY, THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT. (CR.NO.1105 OF 2013) ... RESPONDENT/RESPONDENT in BOTH PETITIONS

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PRAYER IN CRL MP(MD)No. 3168 OF 2022:

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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 on the petitioner in Crl.M.P.No.2088/2021 in Crl.A.No.619/2019 dated 25.06.2021

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PRAYER IN CRL A(MD)No. 619 of 2022:

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Pleased to call for the entire records pertaining to the judgment delivered by the learned II Additional District Judge, Thoothukudi, Thoothukudi District in S.C.No. 59 of 2016 vide his judgment dated 03.09.2019 and set aside the same and consequently acquit the appellant.

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Prayer in CRL MP(MD). 3170/ 2022 :

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To relax the condition imposed in Crl.M.P(MD).No.1807 of 2021 in Crl.A.(MD).493/2019 dt 25.06.2021 on the file of this Honourable Court.

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https://hcservices.ecourts.gov.in/hcservices/

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Crl.M.P(MD)Nos.3168 & 3170 of 2022

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PRAYER IN CRL A( MD)No. 493 of 2019 :

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Pleased to admit this appeal on file, to call for the records from the Lower Court and to duly set aside the Judgment passed by the learned First Additional District and Sessions Judge, Tuticorin in SC No. 36 9 of 2015, dated 13.09.2019 .

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Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.G.KARUPPASAMY PANDIYAN , Advocate for the petitioner in CRL MP(MD)No.3168 of 2022 and of MR. K.PRABHU, Advoate for the petitioner in CRL MP(MD)No.3170 of 2022 and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondent in Both Petitions, the court made the following order:-

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The petitioners seek modification of the condition imposed on them in Crl.M.P(MD)Nos.2088 & 1807 of 2021 in Crl.A.(MD) Nos.619 & 493 of 2019, dated 25.06.2021, respectively, to reside at Dharmapuri and appear before Athiyamankottai Police Station at 10.30 a.m. on every Monday, until further orders.

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According to the petitioners, they being daily wage earners, it is difficult for them to continue to comply with the condition.

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The learned Additional Public Prosecutor would submit that the condition is being complied with regularly till date from 12.07.2021.

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Considering the fact that the petitioners are the residents of Tuticorin District and no adverse circumstances has been brought out against them, we modify the condition and direct the petitioners to appear before the learned Judicial Magistrate No.I, Kovilpatti, on the first Monday of every English Calendar month at 10.30 a.m., until further orders.

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Accordingly, these petitions are ordered.

sd/-

16/03/2022

/ TRUE COPY /

/ /2022

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUTICORIN.

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https://hcservices.ecourts.gov.in/hcservices/

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Crl.M.P(MD)Nos.3168 & 3170 of 2022

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2 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUTICORIN.

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3 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

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COPY TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI

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2 DO THROUGH: THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT

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3 THE INSPECTOR OF POLICE ATHIYAMANKOTTAI POLICE STATION, DHARMAPURI DISTRICT.

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ORDER IN CRL.M.P(MD)NOS.3168 & 3170 OF 2022

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IN CRL.A(MD)NOS.619 & 493 OF 2019

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Date :16/03/2022

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PKP/PN/SAR-4/18.03.2022/3P/8C

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https://hcservices.ecourts.gov.in/hcservices/

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Shenbagaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Shenbagaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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