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Madras High CourtCRL MP(MD)/2837/2022ordered

Ramachandran @ Ramakrishnan v. The Deputy Superintendent Of Police

2022-02-28Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Eighth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD)Nos.2837 & 2838 of 2022 in Crl.A(MD)Nos.5 & 4 of 2022 Ramachandran @ Ramakrishnan ... Petitioner/Appellant/Accused No.1 in Crl.MP(MD)No.2837/2022 Mari ... Petitioner/Appellant/Accused No.1 in Crl.MP(MD)No.2838/2022 Vs 1.The Deputy Superintendent Of Police, Sivagangai Sub Division, Sivagangai District.

2.The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

(Cr.No.183/1992)

...Respondents/Respondents/

Complainants in both Petitions 3.Muniyandi ... Respondent/Respondent/ De facto Complainant in both Petitions Prayer in Crl.MP(MD)No.2837 of 2022 :- This Criminal Miscellaneous Petition filed U/S.482 of Crl.P.C., to relax the condition imposed in Crl.A.(MD)No.5 of 2022 dated 31.01.2022 on the file of this Honourable Court and thus render justice.

Prayer in Crl.A(MD)Nos.5 of 2022 :- This Criminal Appeal filed under Section 14-A(2) of SC/ST (POA) Amended Act, 2016, to call for the records in Cr.M.P.No.1739 of 2021, dated 31.12.2021, on the file of the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai and to set aside the same and enlarge the appellant/accused No.1 on bail in S.C.Nos.47 of 2014 on the file of the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai.

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Prayer in Crl.MP(MD)Nos.2838 of 2022 :- This Criminal Miscellaneous Petition filed U/S.482 of Crl.P.C., to relax the condition imposed in Crl.A.(MD)No.4 of 2022 dated 31.01.2022 on the file of this Honourable Court and thus render justice.

Prayer in Crl.A(MD)No.4 of 2022 :- This Criminal Appeal filed under Section 14-A(2) of SC/ST (POA) Amended Act, 2016, to call for the records in Cr.M.P.No.1738 of 2021, dated 31.12.2021, on the file of the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai and to set aside the same and enlarge the appellant/accused No.1 on bail in S.C.No.16 of 2010 on the file of the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai.

ORDER:- These Criminal Miscellaneous Petitions 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 Mr.N.Mohideen Basha, Advocate for the Petitioner in both Petitions and of M/s,M.Aasha, Government Advocate for the 1st & 2nd Respondents (in both petitions) this Court made the following order:- These petition have been filed to relax the condition imposed on the petitioners in Crl.A(MD)Nos.5 & 4 of 2022, dated 31.01.2022.

2. The learned counsel appearing for the petitioners would submit that the petitioners are complying with the condition regularly. He further stated that in the split cases, the coaccused were acquitted and hence prays to relax the condition.

3. The learned government Advocate appearing for the respondent would submit that the petitioners are regularly complying with the condition.

4. In the light of the above submission, the condition imposed on the petitioners in Crl.A(MD)Nos.5 & 4 of 2022, dated 31.01.2022 is modified to the effect that the petitioners shall appear before the trial Court once in fifteen days i.e., on the first & fifteenth working day of every English calender month at 10.30 a.m., until further orders.

5. Accordingly, these Criminal Miscellaneous Petitions are ordered.

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

TO 1.The Special Judge for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai.

2.The Deputy Superintendent Of Police, Sivagangai Sub Division, Sivagangai District.

3.The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

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

ORDER DATED : 28/02/2022 ==========================

ORDER

========================== CRL MP(MD)Nos.2837 & 2838 of 2022 in Crl.A(MD)Nos.5 & 4 of 2022 Giving direction and etc.

as stated within.

RD(08.03.2022) 3P 5C 3/3