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Madras High CourtCRL MP/5941/2025dismissed

Nandhakumar v. The Deputy Commissioner Of Police

2025-03-25Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN in CRL A No.1588 of 2024

1. NANDHAKUMAR S/o.Perumal, No.2/183, Harijana Street, Thirumalagiri, Salem District.

Petitioner Vs

1. The Deputy Commissioner Of Police O/o.The Deputy Commissioner Of Police, Salem City Range, Salem City.

2.The Assistant Commissioner Of Police O/o.The Assistant Commissioner Of Police, Salem Circle, Steel Plant P.S.

3.The Inspector Of Police Steel Plant Police Station, Salem City.

4.SATHISHKUMAR S/o.Sanmugam, No.5/131, Poosanaikananor, Perumampatty, Salem District. Crime No.320 Of 2024

Respondent(s) PRAYER: This petition filed under Section 528 of BNSS, to relax the condition imposed in Para No.10(iii) of the order passed in Crl.A.No.1588 of 2024 dated 20.12.2024, that the appellant shall appear before the respondent police, once in a week, until further orders. For Petitioner:

No Appearance For Respondent(s):

Mr.S.Sugendran Addl Public Prosecutor For R1 To R3 Mr.R.Darshan Legal Aid Counsel For R4

ORDER

This Criminal Miscellaneous Petition has been filed to relax the condition imposed in Para No.10(iii) of the order dated 20.12.2024 passed in Crl.A.No.1588 of 2024 that the petitioner shall appear before the respondent police, once in a week, until further orders.

2. Today, when the matter is taken up for hearing, there is no representation for the petitioner.

3. While granting bail to the petitioner, this Court, vide order dated 20.12.2024 in Crl.A.No.1588 of 2024 imposed certain conditions and condition No.iii is as follows:

(iii) the appellant shall appear before the respondent-Police once in a week, until further orders.

The petitioner has filed this criminal miscellaneous petition to relax the said condition.

4. It is stated by the learned Additional Public Prosecutor appearing for the respondents-Police that the investigation has been completed and charge sheet has also been filed and the matter is pending before the Special Court for Trial of Cases under SC/ST (POA) Act, Salem.

5. In view of the same, the condition No.(iii) vide order of this Court dated 20.12.2024 passed in Crl.A.No.1588 of 2024 is modified to the effect that the petitioner is directed to appear before the trial court once in a week, instead of appearing before the respondent-Police, until further orders.

6. With the abovesaid direction, this criminal miscellaneous petition is dismissed.

25-03-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Special Court for Trial of Cases under SC/ST (POA) Act, Salem. 2.The Deputy Commissioner Of Police O/o.The Deputy Commissioner Of Police, Salem City Range, Salem City.

3.The Assistant Commissioner Of Police O/o.The Assistant Commissioner Of Police, Salem Circle, Steel Plant P.S.

4.The Inspector Of Police Steel Plant Police Station, Salem City.

5.SATHISHKUMAR S/o.Sanmugam, No.5/131, Poosanaikananor, Perumampatty, Salem District. Crime No.320 Of 2024

6. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN J.

mfa in CRL A No.1588 of 2024 25-03-2025