P.Prabu v. The Assistant Commissioner Of Police

Crl.M.P.No.13964 of 2023 in Crl.A.No.245 of 2022 M. NIRMAL KUMAR , J.

The learned counsel for the petitioner as well as the learned counsel for the respondents 1 and 2 and learned counsel for the 3rd respondent/defacto complainant are present.

2.It is submitted that the petitioner was granted bail by this Court in Crl.A.No.245 of 2022 by an order dated 22.03.2022 and one of the condition is that the petitioner to appear before the Inspector of Police, Dindigul North Police Station daily at 10.00 a.m.. Thereafter, the petitioner filed relaxation petition before this Court in Crl.M.P.No.6507 of 2022 and this Court by an order dated 19.05.2022 was pleased to relax the condition directing the petitioner to appear before the respondent police once in 15 days at 10.30 a.m.. Thereafter, again the petitioner filed another relaxation petition in Crl.M.P.No.15065 of 2022 and the same was dismissed by this Court by an order dated 26.10.2022, for the reason that the charge sheet has not been filed.

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3.The submission of the petitioner is that now charge sheet filed and the petitioner has also appeared before the Special Court on 20.03.2023 and thereafter, he had been periodically appearing before the Special Court. 4.The learned Additional Public Prosecutor submitted that in this case the petitioner regularly complied with the conditions and now investigation completed and charge sheet filed and the same was taken on file in Spl.S.C.No.8 of 2023 by the Principal District Judge, Salem. The case is now posted to 20.10.2023 for framing of charges. He further submitted that there are totally 16 witnesses in this case and the trial can be completed within a stipulated period.

5.The 3rd respondent submitted that the petitioner and the defacto complainant were in love with each other they had closed intimacy. After coming to know the social status of defacto complainant, the petitioner refused to marry the defacto complainant. Hence, the 3rd respondent was forced to lodge a complaint against the petitioner. The only grievance is that the petitioner had been delaying the case on one pretext or the other. In fact, before lodging the complaint, false promises were made for delaying the 2/4

lodging of complaint. He further submitted that as per Section 14(2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, it is a bounden duty of the Special Court to dispose of the case under this Act, within a period of two months, as far as possible and further, the case is to be conducted on a day-to-day basis.

6.Considering the submission of the petitioner, this Court is inclined to modify the condition. Accordingly, the order dated 19.05.2022 made in Crl.M.P.No.6507 of 2022 in Crl.A.No.245 of 2022 is modified to the effect that the petitioner shall appear before the Trial Court on all hearing dates without fail. Further, the Trial Court to follow Section 14 of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 and to dispose of the case, as expeditiously as possible. 10.10.2023 ssr 3/4

M. NIRMAL KUMAR , J.

ssr Crl.M.P.No.13964 of 2023 in Crl.A.No.245 of 2022 10.10.2023 4/4