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Madras High CourtCRL MP(MD)/4391/2022ordered

Gunasekaran @ Guna v. The Deputy Superintendent Of Police

2022-04-06Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Wednesday, the Sixth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in Crl.A. (MD) No. 309 of 2021 Gunasekaran @ Guna ... Petitioner/Accused No.3 Vs 1 The Deputy Superintendent Of Police Palani Sub Division Palani, Dindigul District.

2 The Inspector of Police Palani Adivaram Police Station Palani.

Cr. No. 441 of 2020.

3 S.Anand ... Respondents Prayer in CRL MP(MD). No.4391 of 2022:- This petition filed under section 482 of Cr.P.C., to relax the conditions imposed on this Petitioner by this Honble Court in Crl.A.(MD).No.309 of 2021 dt.11.8.2021 in connection with Cr.No.441 of 2020 on the file of the Respondent.

Prayer in Crl.A. (MD) No. 309 of 2021:- This Appeal is filed under section 14A (2) of the Scheduled castes and the Scheduled Tribes (POA) Act, Amendment on 2015, to allow this Criminal Appeal preferred by these appellants and set aside their bail dismissal order passed by the The Sessions Judge, Special Court for SC/ST (POA)Act cases, Dindigul, in Crl.M.P. No. 253 of 2021, dated 06/03/2020.

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 Mr. J. William Christopher, Advocate for the Petitioner and of M/s M. Aasha, Additional Public Prosecutor, for the respondents 1 and 2, this Court made the following order:

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This petition has been filed to relax the condition imposed on the petitioner in Crl.M.P(MD)No.253 of 2021 in Crl.A(MD)No.309 of 2021, dated 06.03.2020.

2. The learned counsel appearing for the petitioner would submit that the petitioner is complying with the condition regularly. He further stated that the due to health condition and pandemic situation, the petitioner unable to comply with the said condition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the petitioner is regularly complying with the condition.

4. In the light of the above submission, the condition imposed on the petitioner in Crl.M.P(MD)No.253 of 2021 in Crl.A(MD)No.309 of 2021, dated 06.03.2020, is modified to the effect that the petitioner shall appear before the trial Court once in a month on the first working day of every English Calender month at 10.30 a.m., until further orders.

5. Accordingly, the condition imposed in Crl.M.P(MD)No.253 of 2021 in Crl.A(MD)No.309 of 2021, dated 06.03.2020 is modified. This Criminal Miscellaneous Petition is ordered, accordingly. Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The Sessions Judge, Special Court for SC/ST (POA)Act cases, Dindigul. 2 The Deputy Superintendent Of Police Palani Sub Division Palani, Dindigul District.

3 The Inspector of Police Palani Adivaram Police Station Palani.

4. The Superintendent, Central prison, Madurai. 2/3

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 06/04/2022 ==========================

ORDER

========================== in Crl.A. (MD) No. 309 of 2021 Giving direction and etc.

as stated within.

pk(CO) TR(07.04.2022) 3P 7C 3/3