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Madras High CourtCRL MP/5258/2025disposed of

Prathap v. State Rep. By The Deputy Superintendent Of Police

2025-03-24Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.M.P.No. 5258 of 2025 Pradhap ... Petitioner Vs.

1. State rep.by The Deputy Superintendent of Police, Namakkal Police Station.

2. State rep.by The Inspector of Police, Namakkal Police Station.

3. Thavasri ... Respondents Criminal Miscellaneous Petition filed under Section 528 BNSS, 2023, to relax the condition imposed on the petitioner that shall appear before the investigation officer, once in a week until further orders in Crl.A.No.1335 of 2024 dated 22.11.2024 on the file of this Court. For Petitioner : Mr.Abinesh Karthik for M/s.Global and Legal For Respondents : Mrs.G.V.Kasthuri Additional Public Prosecutor for R1 and R2 Mr.V.Perarasu Legal Aid Counsel for R3 1/5

O R D E R

This Criminal Miscellaneous Petition is filed to relax the condition i.e., the petitioner shall appear before the investigation officer, once in a week until further orders, imposed by this Court in Crl.A.No.1335 of 2024, dated 22.11.2024.

2. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for respondents 1 and 2 submitted that on completion of investigation in Crime No.458 of 2024, the respondents-Police filed a charge sheet before the Special Court for the Trial of Cases under SC/ST (PoA) Act, Namakkal in Spl.S.C.No.5 of 2025.

3. Heard the learned counsel for the petitioner, learned Additional Public Prosecutor appearing for respondents 1 and 2 and the learned Legal Aid Counsel appearing for 3rd 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.7(iii) of the order dated 22.11.2024 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.7(iii) of the order dated 22.11.2024 is modified to the effect that the petitioner is directed to 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 22.11.2024 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, Namakkal.

2. The Deputy Superintendent of Police, Namakkal Police Station.

3. The Inspector of Police, Namakkal Police Station.

4. The Public Prosecutor High Court, Madras.

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P.VELMURUGAN, J ms 24.03.2025 5/5