Prabhakaran v. The Deputy Superintendent Of Police,

M.NIRMAL KUMAR, J.

This petition is filed to relax the condition imposed in Crl.A.No.568 of 2024 dated 24.06.2024 that the petitioners shall appear before the respondent police daily at 10.30 a.m. under further orders. 2.Since the offence under SC/ST Act involved, as per Section 15A(3) of SC/ST Act notice was sent to the third respondent/defacto complainant and the respondent police also informed the defacto complainant about the pendency of the above appeal. Even though the name of the third respondent is printed in the cause notice, there is no representation on her behalf either in person or through counsel.

3.The contention of the learned counsel for the petitioners is that the petitioners were granted bail at the time of investigation, now investigation completed and charge sheet filed. Hence, the presence of the petitioners 1/4

before the respondent police is no more required for the purpose of investigation. He would further submit that the petitioners are employed in various places and due to the condition imposed, they are unable to attend their employment and losing their earnings. He further submitted that the petitioners' family were put to untold misery and hence, prayed for relaxation.

4.The learned Government Advocate (Crl. Side) submits that in this case investigation completed, charge sheet filed in Spl.S.C.No.16 of 2024 and all the accused are appearing regularly before the respondent police except for the second petitioner who is confined in prison in connection with NDPS case. He would submit that the case is posted before the Lower Court on 21.10.2024 for the presence of all accused, copies served and charges framed and the case is posted on 23.10.2024 for fixing of trial. 5.In view of the above submission, this Court is inclined to relax the condition imposed on the petitioners. Accordingly, the condition imposed 2/4

by this Court that the petitioners shall appear before the respondent police alone is relaxed. The petitioners are directed to appear before the Trial Court on all hearing dates without fail.

22.10.2024 cse 3/4

M.NIRMAL KUMAR, J.

cse 22.10.2024 4/4