Muniyasamy v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR 1.Muniyasamy 2.Panjavarnam 3.Sasikumar @ Sasimanokaran 4.Antony @ Kanthasamy 5.Anandhan 6.Gnanamuthu Esack @ Gnannamuthu 7.Venkatraj Chelladurai @ Venkatraj 8.Rajesh Mariamickel @ Rajesh 9.Karthik Gnanasekaran @ Karthikraja 10.Chinna Muniyasamy Veeraputhiran @ Muniyasamy 11.Gurusamy Solai @ Gurusamy 12.Munisamy Solai @ Munisamy 13.Indhirani 14.Rajapalkumar @ Raja 15.Ramar Munisamy @ Ramar 16.Muthuchamy Vellaisamy @ Muthuchamy ... Petitioners/ Accused 1 to 16 Vs State Through The Sub-Inspector of Police, Keelaparalachi Police Station, Ramanathapuram District.
Crime No. 3 of 2022.
... Respondent/ Complainant Prayer: This petition is filed under Section 482 r/w 439(i)(b) of Cr.P.C. to set aside the order passed in Cr.M.P.No.290 of 2022 dated 15.02.2022 by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur.
For Petitioners : Mr.R.Chandrasekar For Respondent : Mr.M.Muthumanikkam Government Advocate (Crl. side)
ORDER
This petition has been filed seeking to modify the condition imposed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur in Cr.M.P.No.132 of 2022 dated 24.01.2022, directing the petitioners to appear before the 1/3
Inspector of Police, Tiruthangal Police Station, daily at 10.30 a.m until further orders.
2.It is not in dispute that the petitioners have filed a petition in Cr.M.P.No.290 of 2022 seeking relaxation of the said condition and the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur, vide order dated 15.02.2022, dismissed the said petition.
3.The learned counsel for the petitioners would submit that the petitioners are coolie workers, that they are travelling more than 80kms from their residence to Tiruthangal Police Station, that they are complying with the condition from 02.02.2022 and that the condition imposed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur in Cr.M.P.No.290 of 2022, dated 15.02.2022 may be set aside. He would further submit that the First Information Report came to be registered for the offences under Sections 147, 294(b), 323, 506(i) and 109 of IPC. 4.Considering the nature of the offence alleged and also the fact that the petitioners are complying with the condition from 02.02.2022, this Court is inclined to relax the conditions fully and thereby, set aside the order passed by the Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur in Cr.M.P.No.290 of 2022 dated 15.02.2022.
5.In view of the same, this Criminal Original Petition is allowed.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) sji 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 Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur.
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2.The Sub-Inspector of Police, Keelaparalachi Police Station, Ramanathapuram District.
3.The Inspector of Police, Tiruthangal Police Station 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.CHANDRASEKAR, Advocate (SR-10946[F] dated 09/03/2022 ) CRL OP(MD) No.4338 of 2022 07.03.2022 RK(16/03/2022) 3P 5C 3/3