Madras High CourtCRL A(MD)/204/2023disposed of

A.Perumal v. The Deputy Superintendent Of Police

2023-03-16Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR 1.A.Perumal 2.S.Balamurugan 3.U.Ramesh 4.Dhanasekaran 5.Anadharaj : Appellants Vs.

1.State through, The Deputy Superintendent of Police, Thiruchuzhi Sub Division, Virudhungar District.

2.The Inspector of Police, Keelaparalatchi Police Station, Virudhunagar District.

Crime No.4 of 2023.

3.Tamanathan : Respondents Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, to set aside the order passed in Crl.M.P.No.515 of 2023 in 1/5

para 5 (2), dated 27.02.2023 on the file of the Special Court for Trial of SC/ST (POA) Act Cases, Virudhunagar District at Srivilliputhur. For Appellants : Mr.K.Dhanaraj For R1 and R2 : Mr.A.Albert James, Government Advocate (Criminal Side)

JUDGMENT

This Criminal Appeal has been filed against the order passed in Crl.M.P.No.515 of 2023 in para 5 (2), dated 27.02.2023 on the file of the Special Court for Trial of SC/ST (POA) Act Cases, Virudhunagar District at Srivilliputhur.

2. It is not in dispute that the FIR came to be registered in Crime No.4 of 2023 for the offence punishable under Sections 147, 148, 341, 294(b), 323, 427 and 506(ii) IPC r/w Sections 3(1)(r), 3(1)(s) and 3(1)(d) of SC/ST (POA) Act, 1989, against the petitioners.

3. It is also not in dispute that the petitioners have filed an application seeking bail in Crl.M.P.No.515 of 2023 before the Special Court for Trial of SC/ST (POA) Act Cases, Virudhunagar District at Srivilliputhur and after 2/5

enquiry, the learned Judge has passed the impugned order, dated 27.02.2023, granting bail with certain conditions.

4. The learned counsel for the petitioners would submit that the petitioners are daily wagers and the learned trial Judge has imposed the condition to report before the Station House Officer, Rajapalayam South Police Station every day at 10.30 am for 30 days and it is very difficult to the petitioners to travel more than 90 kms for complying the condition. Hence, they seek modification of the said condition.

5. Records perused. Heard the learned counsel for the petitioners.

6. The learned Government Advocate (Criminal Side) has not raised any objections to modify the condition.

7. Considering the facts and circumstances of the case and also the submission made by the learned counsel for the petitioners, the petitioners are directed to appear before the Inspector of Police, Aruppukottai Town Police Station, daily at 10.30 am, for the remaining period. All other conditions shall remain unaltered.

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8. With the above modification, the Criminal Appeal is disposed of. 16.03.2023 NCC : Yes/No Index : Yes : No Internet : Yes : No das To 1.The Special Court for Trial of SC/ST (POA) Act Cases, Virudhunagar District at Srivilliputhur.

2.The Deputy Superintendent of Police, Thiruchuzhi Sub Division, Virudhungar District.

3.The Inspector of Police, Keelaparalatchi Police Station, Virudhunagar District.

4.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

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

6.The Section Officer, Criminal Section (Records), Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

das 16.03.2023 5/5