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Madras High CourtWP(MD)/2281/2022dismissed

Pandiammal v. The District Collector

2022-02-04Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Monday, the Fourteenth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD)No.2281 of 2022 IN CRL A(MD)NO.481 OF 2021 1)Murugan S/o.Kalimuthu Naganenthal Ramanathapuram District.

2)Silambarasan, S/o.Naganathan, Naganenthal Ramanathapuram District.

3) Kumar @ chandrakumar, s/o.Krihsnan, Naganenthal, Ramanathapuram District.

...Petitioners/Appellants

Vs 1 The Deputy Superintendent Of Police Thiruvadanai Ramanathapuram District. ...Respondents/complainants 2 The Inspector of Police Thiruppalaikudi Police Station Ramanathapuram District. (Crime No.210/2021) 3 Pasupathipandian S/o. Naganathan 32 Naganenthal Village Uppoor Post R.S.Mangalam Taluk Ramanathapurm District. ...Respondent/Defatco complainant 4 Muniyasamy S/o. Naganathan 32 Naganenthal Village Uppoor Post R.S.Mangalam Taluk Ramanathapuram District. ... Respondent/victim Prayer :- To pass an order of relax the condition imposed to petitioners in Crl.A(MD)No.481/2021 dated 02.12.2021 in Crime No.210/2021 on the file of this Hon`ble Court.

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Prayer in CRL A:- Criminal Appeal is filed under section 14-A(2) of the schedule caste and schedule Tribes (prevention of Atrocities) Act, 1989 and section 1 of Amendment Act, 2016, to call for the records order in CRL MP.No.668 of 2021 passed by the Sessions Judge, special Court for trial of cases registered under SC/ST(POA) Act, 1989, Ramanathapuram. Dated 11/11/2021 in crime no.210 of 2021 offence under section 147,148. 294(b). 452. 323, 324 506(II) of IPC and section 3(1)(r), 3(1)s) of SC/ST Act (POA) Amendment Act, 2015 on the file of the second respondent police and set aside the same as illegal and to grant bail to appellants/accused no.4 to 6 in crime no.210 of 2021 on the file of the second respondent police.

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.D.Balamurugapandi, Advocate for the Petitioner and of Thiru.R.M.Anbunithi, App, Government Advocate for the respondents, this Court made the following order: This petition has been filed to relax the condition imposed by this Court in CRL.A(MD).No.481 of 2021 dated 02.12.2021. 2.The learned counsel for the petitioner submitted that this Court has granted suspension of sentence to the petitioner on 02.12.2021, directing the petitioner to appear before the second respondent Police daily at 10.30 a.m., until further orders. He further submitted that the petitioner is complying the condition regularly and prayed the petition to be allowed. 3.

The learned Additional Public Prosecutor (Crl. side) appearing for the respondent fairly admitted that the petitioner is complying the condition till now.

4.In view of the aforesaid submission, this Court is inclined to modify the condition imposed by this Court in CRL.A(MD). No.481 of 2021 dated 02.12.2021. Hence, this Criminal Miscellaneous Petition is allowed and the condition imposed on the petitioner is modified to the effect that the petitioner is directed to appear before the concerned trial Court once in fifteen days at 10.30 a.m., until further orders.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO

1. The Sessions Judge, Special Court for trial of cases Registered under SC/ST (POA)Act,, Ramanthapuram.

2. The Deputy Superintendent Of Police Thiruvadanai Ramanathapuram District.

3. The Superindent of Prison, sub Jail, Paramakudi, Ramanathapuram.

4. The Inspector of Police Thiruppalaikudi Police Station Ramanathapuram District. (Crime No.210/2021)

5. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer,(2C) Criminal Section, Madurai Bench of Madras High Court, Madurai +1CC to D.Balamurugapandi, Advocate, SR.No. 1083 ORDER DATED : 14/02/2022 ========================== RELAXATION ========================== CRL MP(MD)No.2281 of 2022 IN CRL A (MD)NO.481 OF 2021 Giving direction and etc.

as stated within.

KB(02.03.2022) 3P 9C 3/3