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Madras High CourtCRL MP(MD)/3960/2022modified

Maruthupandi v. The Deputy Superintendent Of Police

2022-03-25Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Friday, the Twenty Fifth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD)No.3960 of 2022 in CRL A(MD)No.20 of 2022 Maruthupandi ... Appellant/Accused No.4 Vs 1.The Deputy Superintendent of Police, CBCID.

Thoothukudi.

in Crime No.2/2015.

2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

in Crime No.57/2015.

... Respondents/Complainants 3.Marimuthu ... 3rd Respondent/ Defacto Complainant Prayer in Crl.MP(MD)No.3960 of 2022:- Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., to relax the condition imposed by this Hon'ble Court that the petitioner shall appear before the Learned Special court for Trial of cases Registered under SC/ST (POA) Act 1989, Thoothukudi daily at 10.30 a.m and 5.30 p.m until further orders in Crl.A(MD)No.20 of 2022 dated 04.02.2022. Prayer in Crl.A(MD)No.20 of 2022:- Criminal Appeal filed under Section 14-A(2) of SC/ST (POA) 2015, to call for the records relating to the order in Cr.M.P.No.1463 of 2021, dated 27.12.2021, on the file of the learned Special Court for Trial of Cases registered under SC/ST (POA) Act, 1989, Thoothukudi and set aside the same.

ORDER:- This Criminal Miscellaneous 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.K.Suyambulinga Bharathi, Advocate for the Petitioner and of 1/3

M/s.M.Aasha, Government Advocate for the 1st & 2nd Respondents, this Court made the following order:- This petition has been filed to relax the condition imposed on the petitioner in Crl.A(MD)No.20 of 2022, dated 04.02.2022.

2. The learned counsel appearing for the petitioner would submit that the petitioner is complying with the condition regularly. He is unable to comply with the said condition. Hence, prays to relax the condition.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is not regularly complying with the condition.

4. In the light of the above submission, the condition imposed on the petitioner in Crl.A(MD)No.20 of 2022, dated 04.02.2022 is modified to the effect that the petitioner shall appear before the trial Court once in a week i.e., on Monday at 10.30 a.m., until further orders.

5. Accordingly, this petition is ordered.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Judge, Special Court for Trial of Cases under SC/ST (POA) Act, 1989, Thoothukudi.

2.The Deputy Superintendent of Police, CBCID, Thoothukudi 3.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

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

2/3

5.The Superintendent, District Jail, Peraoorani,Thoothukudi District.

ORDER DATED : 25/03/2022 ==========================

ORDER

========================== CRL MP(MD)No.3960 of 2022 in CRL A(MD)No.20 of 2022 Giving direction and etc.

as stated within.

MGJ(05.04.2022) 3P 6C 3/3