Perumal v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.M.P.No. 5748 of 2025 Perumal ... Petitioner Vs.

1. State rep by The Deputy Superintendent of Police, Desur Police Station, Tiruvannamalai District.

2. Vinoth ... Respondents Criminal Miscellaneous Petition filed under Section 528 BNSS, 2023, to relax the condition No.10(iii) the appellant shall appear before the respondent-Police once in a week, until further orders, imposed by this Court in Crl.A.No.1446 of 2024 dated 20.12.2024. For Petitioner : Mr.E.Sathiyaraj For Respondents : Mrs.G.V.Kasthuri Additional Public Prosecutor for R1 Mr.E.Thiyaga Legal Aid Counsel for R2 1/5

O R D E R

This Criminal Miscellaneous Petition is filed to relax the condition No.10(iii) i.e., the appellant shall appear before the respondent-Police once in a week, until further orders, imposed by this Court in Crl.A.No.1446 of 2024 dated 20.12.2024.

2. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for 1st respondent submitted that on completion of investigation in Crime No.125 of 2024, the first respondent-Police filed a charge-sheet through e-filing on 29.01.2025, vide, e-filing No.C202500002 before the Special Court for the Trial of Cases under SC/ST (PoA) Act, Thiruvannamalai.

3. Heard the learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the first respondent and the learned Legal Aid Counsel appearing for 2nd respondent.

4. Considering the facts and circumstances and also considering 2/5

the serious nature of offences involved in this case, this Court is of the view that if the condition imposed on the petitioner in paragraph No.10(iii) of the order dated 20.12.2024 is fully relaxed, there is a possibility of tampering the witnesses and hence, this Court is not inclined to relax the said condition. However, since charge sheet was already filed before the Court below, the condition imposed on the petitioner in paragraph No.10(iii) of the order dated 20.12.2024 is modified to the effect that the petitioner shall appear before the trial Court once in a week i.e., on every Monday at 10.30 a.m., until further orders. All other conditions imposed on the petitioner vide order dated 20.12.2024 shall remain intact.

5. With the above modification, this Criminal Miscellaneous Petition is disposed of.

24.03.2025 ms 3/5

To

1. The Special Judge, Special Court for the Trial of Cases under SC/ST (PoA) Act, Thiruvannamalai.

2. The Deputy Superintendent of Police, Desur Police Station, Tiruvannamalai District.

3. The Public Prosecutor High Court, Madras.

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P.VELMURUGAN, J ms 24.03.2025 5/5