Palani vs State
2021 Latest Caselaw 14565 Mad

                                                                                Crl.A.(MD) No.150 of 2016


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 20.07.2021

                                                        CORAM :

                  THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                               Crl.A.(MD) No.150 of 2016

                Palani                                                      ... Appellant

                                                           vs.


                State
                The Inspector of Police,
                Kundrakudi Police Station,
                Sivagangai District.                                        ... Respondent

                PRAYER:- This Appeal filed under Section 374 of the Code of Criminal
                Procedure, to set aside the order passed by the District Fast Track Mahila Court,
                Sivagangai in S.C.No.118 of 2010 dated 03.02.2016.


                                   For Appellant     : No appearance

                                   For Respondent    : Mr.T.Senthil Kumar
                                                       Government Advocate (Crl.Side)

                                                      JUDGMENT

When the case came up for hearing on 30.03.2021, the then learned

Single Judge of this Court, Honourable Mr.JUSTICE K.MURALI SHANKAR

ordered notice to the appellant in this appeal stating that the learned counsel on

record had withdrawn his memo of appearance and the memo was also https://www.mhc.tn.gov.in/judis/

Crl.A.(MD) No.150 of 2016

recorded. Therefore, the learned Single Judge had ordered notice and the case

was directed to be listed on 26.04.2021.

2.On 26.04.2021, it is found that service of notice was awaited and till

then, notice was not served. Therefore, fresh notice was issued to the

appellant/accused and the case was directed to be listed on today, 20.07.2021.

Today, 20.07.2021, it was found that the accused had vacated his premises and

he was not available in the address mentioned in the records. Therefore,

Registry has put up a note for further orders.

3.It is found from the records available before this Court that the case

arose out of the conviction by the Court of the learned District Fast Track

Mahila Judge, Sivagangai in S.C.No.118 of 2010 dated 03.02.2016. Therefore,

the learned trial Judge/the District Fast Track Mahila Judge, Sivagangai is

directed to issue warrant to the Inspector of Police, Kundrakudi Police Station,

Sivagangai District to secure the appellant/accused to undergo rigorous

imprisonment for a period of 5 years and to pay a fine of Rs.3,000/-, in default,

to undergo rigorous imprisonment for a period of 6 months for the offence

under Section 306 of IPC, only then this appeal can be taken up.

https://www.mhc.tn.gov.in/judis/

Crl.A.(MD) No.150 of 2016

4.In view of the above, this appeal is dismissed. Only on appearance of

the accused, this appeal can be restored.

                Index              : Yes / No                             20.07.2021
                Internet           : Yes / No
                mm

                To

                The Judge,
                District Fast Track Mahila Court
                Sivagangai.




https://www.mhc.tn.gov.in/judis/

                                                    Crl.A.(MD) No.150 of 2016




                                   SATHI KUMAR SUKUMARA KURUP, J.

                                                                        mm




                                             Crl.A.(MD) No.150 of 2016




                                                              20.07.2021



https://www.mhc.tn.gov.in/judis/