Madras High CourtCRL MP(MD)/919/2025relaxed

Benit Clase v. The State Of Tamilnadu

2025-01-31Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN in Crl.A.(MD).No.955 of 2024 1.Benit Clase 2.Bibin Jacob ... Petitioners/Appellants Vs.

1.The State represented by The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Crime No.433 of 2024) ... Respondent/Respondent 2.Ramesh ... 2nd Respondent/Defacto Complainant PRAYER:This Criminal Miscellaneous Petition has been filed under Section 482 r/w 438 of Cr.P.C., to relax the condition imposed by this Court in Crl.A.(MD).No.955 of 2024, dated 18.11.2024.

Prayer in CRL.A(MD)No.955 of 2024:- Criminal Appeal filed under section 14(A) (2) of the Schedule Castes and Tribes Prevention of Atrocities Act, 2015 as Amended by Act 1 of 2016, praying to call for the records pertaining to the order dated 29.10.2024 made in Cr.M.P.No.3871 of 2024 on the file of the learned II Additional District Judge (PCR Court), 1/3

Tirunelveli, and set aside the same and enlarge the appellants on bail connection with crime No. 433 of 2024 on the file of the respondent. For Petitioner : Ms.V.Sukumar For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This Miscellaneous Petition has been filed to relax the condition imposed by this Court in Crl.A.(MD).No.955 of 2024, dated 18.11.2024. 2.The learned Government Advocate (Crl.Side) appearing for the respondent Police on instructions, would submit that the investigation was completed and final report was filed before the concerned Court and the same is yet to be taken on file. 3.Per contra, the learned counsel for the petitioners would submit that the trial had already commenced. Hence, he prayed to relax the condition imposed by this Court, dated 18.11.2024.

4. In view of the submission made by the learned counsel for the petitioners, the condition imposed by this Court dated 18.11.2024, is fully relaxed. 2/3

5.The Criminal Miscellaneous Petition is ordered accordingly. Sd/- Assistant Registrar (CS.III) // True Copy // /02/2025 Sub Assistant Registrar (CS-I/II/III/IV) dss To:

1. The II Additional District Judge, (PCR Court) Tirunelveli.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunveli District.

3.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

5.The Section Officer, Criminal Section (Records), Madurai Bench Of Madras High Court, Madurai.

Crl.M.P.(MD)No.919 of 2025 in Crl.A.(MD).No.955 of 2024 31.01.2025 SL(07.02.2025)/ 3P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3