Madras High CourtCRL OP/7922/2023allowed

J.Anantha Prabhu v. The State Rep By

2023-04-12Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN 1.J.Anantha Prabhu 2.J.Manickavasagam ... Petitioners Vs.

The State rep. by The Inspector of Police, All Women Police Station, Thousand Lights, Chennai.

(Crime No.12 of 2022)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to set aside the order passed by the learned Special Court of SC / ST (Prevention of Atrocities Act) and Principal Sessions Judge in Crl.M.P.No.6992 of 2023 in Crl.M.P.No.4392 of 2023 dated 28.03.2023 and relax the condition "The Petitioners shall appear before the respondent Police daily at 10:00 a.m. until further orders" imposed in Crl.M.P.No.4392 of 2023 dated 23.02.2023.

For Petitioners : Mr.N.Stalin For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The petitioners pray for modification of the conditions imposed in Crl.M.P.No.6992 of 2023 in Crl.M.P.No.4392 of 2023 passed by the learned Special Court of SC / ST (Prevention of Atrocities Act) and Principal Sessions Judge, Chennai.

2. The petitioners were directed to appear before the respondent Police daily at 10:00 am until further orders. The petitioners had moved for modification of the said condition before the learned Judge in Crl.M.P.No.6992 of 2023. The petitioners had filed a petition to modify the said condition in Crl.M.P.No.6992 of 2023. However, the said petition was dismissed on the ground that though the order of bail was passed on 23.02.2023, the petitioners had complied with the condition only for 17 days.

3. The learned Government Advocate (Crl.Side) would submit that the petitioners have been continuously appearing before the respondent Police till today. Now, the respondent Police has completed the investigation and also has filed a final report.

4. In view of the above, the condition imposed by the learned Special Court of SC / ST (Prevention of Atrocities Act) and Principal Sessions Judge, Chennai, directing the petitioners to appear every day, is modified and the petitioners shall appear before the Trial Court on all hearings regularly.

5. Accordingly, the Criminal Original Petition stands allowed. 12.04.2023 Index :Yes/No Internet:Yes/No ab To 1.The Special Court of SC / ST (Prevention of Atrocities Act) and Principal Sessions Judge, Chennai.

2. The State rep. by The Inspector of Police, All Women Police Station, Thousand Lights, Chennai.

3.The Public Prosecutor, High Court of Madras.

SUNDER MOHAN, J.

ab 12.04.2023