Puli@Surendar v. State Rep By

R.PONGIAPPAN, J.

These three criminal miscellaneous petitions have been filed praying to relax the condition imposed by this Court in the order dated 03.02.2022 in Crl.A.Nos.16, 35 & 17 of 2022.

2. The petitioners are arrayed as A1, A2, A5, A6, A8, A13, A11 & A3, A4 & A7 respectively in Crime No.80 of 2021 on the file of the Deputy Superintendent of Police, Arakkonam, Ranipet District. The said case has been registered by the respondent police as against the petitioners under Sections 147, 148, 341, 323, 324, 506(ii), 307, 302 of IPC r/w Sections 3(1)(r), 3(1)(s) ad 3(1)(v) of SC/ST (PoA) Act, 1989. After registering the case, the petitioners herein are all secured and remanded to the judicial custody. Later, since the trial court refused to enlarge the petitioners on bail, this Court by order dated 03.02.2022 in Crl.A.Nos.16, 17, 18, 35 & 49 of 2022 enlarged the petitioners on bail with number of conditions, wherein one of the condition is that the appellants on their release from prison shall report before the trial court daily at 10.30 a.m. until further orders. Further, they 1/6

shall not enter into the jurisdictional limits of the respondent police / Arakkonam Taluk.

3. Now after complying all the conditions stipulated in the order passed by this Court, the petitioners are before this Court with these miscellaneous petitions praying to relax the conditions stipulated as above.

4. The learned counsel appearing for the petitioners would submit that the petitioners being the agriculturists, from the date of executing the bail bond i.e. from 05.02.2022 onwards, they have appeared before the trial court daily at 10.30 am. Further, they have not entered the jurisdiction village for the past one year. As of now, the petition mentioned case has been posted before the trial court for framing issues and therefore, it would necessary to relax the condition imposed vide order dated 03.02.2022. Further, if the condition is still continues, the petitioners are not in a position to continue the agricultural activities. More than that, for the past one year, in the occurrence place, no untoward incidents are happened and accordingly, he prayed for allowing these miscellaneous petitions.

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5. The learned Government Advocate (crl.side) appearing for the respondent police fairly admits that the petitioners are complying the conditions without any violations.

6. The learned counsel appearing for the defacto complainant would submit that if the condition imposed already by this Court is relaxed, there may be a chance that the petitioners again involved in the same offence.

7. Now on considering the submissions made by the counsel appearing on either side, vide order dated 03.02.2022, the petitioners were released on bail. In fact, they were in the judicial custody from the month of May 2021 onwards. Admittedly there was no untoward incident happened in the occurrence place.

8. Therefore, being the reason that the alleged occurrence had happened prior to one year, this Court, after believing the submissions made by the petitioners' counsel, with the view to continue the petitioners' livelihood, relax the condition as 'they were directed to appear before the trial court on every hearings without fail'.

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9. Accordingly, these criminal miscellaneous petitions are ordered. 29.03.2022 lok 4/6

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R.PONGIAPPAN, J.

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