Madras High CourtCRL A(MD)/41/2021allowed

Mr.Kasamuthu v. The Deputy Superintendent Of Police

2021-02-05Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Wednesday, the Twenty Fourth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI IN CRL A(MD). No.41 of 2021 Mr.Kasamuthu S/o. Petchimuthu No.38 Yadhavar Street Thenthiruperai Alwarthirunagadi Thoothukudi District and another.... Petitioner/Appellant/Accused Vs 1.The Deputy Superintendent Of Police Alwarthirunagari Thoothukudi District.

2.The Inspector of Police Alwarthirunagari Police Station Thoothukudi District.

(Cr.No. 305 of 2020.) 3.Packiyaraj S/o. Arumugam No.7 South Kottar Post Alwarthirunagadi Thoothukudi District.

... Respondent/Respondent/Complainant Prayer :- The Criminal Miscellaneous petition under sec.482 of Criminal Procedure code, Pleased to relax or modify the condition imposed by this Honble Court in condition No.III in order Crl.MP No.3926 of 2021 in CRL A(MD)no.41 of 2021 dt.15/06/2021. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru. T.Lajapathy Roy, Advocate for the Petitioner and of Thiru. K.Sureshkumar, Government Advocate for the respondent(s), this Court made the following order: This petition has been filed to relax the condition imposed by this Court in Crl.M.P.(MD)No.3926 of 2021 in Crl.A.(MD)No.41 of 2021, dated 15.06.2021.

2. A case in Crime No.305 of 2020 was registered by the respondent police. The petitioners are accused Nos.5 & 6 in the case. They have filed a bail petition in Cr.M.P.No.26 of 2020 before 1/3

the Special Court. That petition was dismissed by the Special Court. The petitioners have filed an appeal in Crl.A.(MD)No.41 of 2021. The petitioners were released on bail by this Court and a condition was imposed by this Court to stay at Trichy and not to enter Thoothukudi District and report before the Inspector of Police, Trichy Town Police Station, Trichy, daily twice i.e., 10.30 a.m. and 05.00 p.m., until further orders.

3. To relax the condition, the petitioners have approached this Court by way of filing a petition in Crl.M.P.(MD)No.3926 of 2021, wherein, the petitioners were directed to reside at Tirunelveli and not to enter Thoothukudi District and report before the Tirunelveli Town Police Station on the first working day of every month at 10.30 a.m., until further orders. The petitioners have filed this petition to relax the condition.

4. On the side of the petitioners, it is stated that the petitioners are complying the condition regularly and the petitioners are not the prime accused. The accused Nos.1 and 2 are permitted to reside in Thoothukudi District, whereas, these petitioners are residing at Tirunelveli District, for the past 6 months and they could not go back home for the past 6 months and prayed the condition to be relaxed.

5. On the side of the prosecution, it is stated that the first petitioner is having 2 previous cases and prayed the petition to be dismissed.

6. The alleged occurrence has taken place on 03.11.2020, the petitioners are released on bail on 05.02.2021. The condition was modified on 15.06.2021. It is stated that the prime accused are residing in Thoothukudi District. There is no report of communal unrest prevailing in that area.

7. In the above circumstances, the condition imposed by this Court in Crl.M.P.(MD)No.3926 of 2021 in Crl.A.(MD)No.41 of 2021, dated 15.06.2021, is modified to the effect that the petitioners are directed to appear before the respondent police as and when required by the respondent police and to appear before the Court on all hearing dates. All other conditions, shall remain unaltered. This petition is allowed, accordingly.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

TO 1.The Deputy Superintendent Of Police Alwarthirunagari Thoothukudi District.

2.The Inspector of Police Alwarthirunagari Police Station Thoothukudi District.

3.The Inspector of police, Tirunelveli Town P.S.

Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.T.LAJAPATHI ROY, Advocate, SR.No.35906 DATED:25.11.2021 ORDER DATED : 24/11/2021 ========================== MODIFICATION ========================== CRL MP(MD)NO.7555 OF 2021 IN CRL A(MD). No.41 of 2021 To relax the modify and etc.,.as stated within.

SK(CO) GC(03.12.2021) 3P 6C 3/3