Jayaraman Mahavishnu vs /
2024 Latest Caselaw 20300 Mad

Madras High Court

Jayaraman Mahavishnu vs / on 25 October, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                                 Crl.O.P.No.26402 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                          Dated:25.10.2024

                                                             Coram:

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                     Crl.O.P.No.26402 of 2024

                     Jayaraman Mahavishnu                                       .. Petitioner

                                                             /versus/

                     State rep.by
                     Inspector of Police,
                     Uthukuli Police Station,
                     Tiruppur District.
                     (Crime No.429 of 2014)                                     .. Respondent

                                    Criminal Original Petition has been filed under Section 528 of
                     BNSS, to modify the condition that the petitioners should appear on all
                     hearing dates before the appellate Court imposed in the order dated
                     20.02.2024 in M.P.No.1 of 2024 in C.A.No.54 of 2024 by learned
                     Principal Sessions Judge, Tiruppur to the effect that the petitioner should
                     appear before the Court in the event of specific direction by the Appellate
                     Court.
                                    For Petitioner        :Mr.N.Ponraj
                                    For Respondent        :Mr.S.Udayakumar
                                                           Govt.Advocate (Crl.Side)
                                                          ------




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https://www.mhc.tn.gov.in/judis
                                                                            Crl.O.P.No.26402 of 2024

                                                    ORDER

This Criminal Original Petition is filed seeking a direction to

the Lower Appellate Court to dispense with the personal appearance of

the petitioner by modifying the condition imposed on him, while granting

suspension of sentence.

2.The learned counsel appearing for the petitioner states that the

petitioner was found guilty for the offences under Sections 279, 338 and

304(A) of IPC and sentenced him to undergo three months Simple

Imprisonment each and to pay a fine of Rs.1000/- each, in default to

undergo Simple Imprisonment for one week each, for the offences under

Sections 279 and 338 IPC respectively and to undergo two years Simple

Imprisonment and to pay a fine of Rs.10,000/-m in default to undergo two

months Simple Imprisonment for the offence under Section 304(A) of

IPC. While granting suspension of sentence, the Lower Appellate Court

imposed a condition to appear on all the hearing dates. Since the

petitioner is an Engineer by profession and the appeal is not likely to be

taken immediately, his personal appearance on the hearing dates to be

dispensed with and prays for his appearance through his counsel.

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

3. Considering the fact that the appeal in C.A.No.54 of 2024 is

not to be taken for disposal in the immediate future, the appearance of the

petitioner on the non-effective hearings may be dispensed with, an

appropriate application filed before the trial Court. For the effective

hearings including the date of judgment, the petitioner should appear

personally before the trial Court. Accordingly, this Criminal Original

Petition is disposed of.

25.10.2024

Index:yes/no Internet:yes/no ari To:

1.The Principal Sessions Judge, Tiruppur.

2.Inspector of Police, Uthukuli Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

Dr.G.JAYACHANDRAN,J.

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

ari

25.10.2024

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