Madras High CourtCRL MP(MD)/4365/2022ordered

Vasantha Kumar v. The Deputy Superintendent Of Police

2022-04-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.M.P(MD)No.4365 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Crl.M.P(MD)No.4365 of 2022 in Crl.A(MD)No.489 of 2021 VASANTHA KUMAR ... PETITIONER / PETITIONER / APPELLANT / ACCUSED Vs THE STATE REP.BY, THE DEPUTY SUPERINTENDENT OF POLICE, EMANESWARAM POLICE STATION, PARAMAKUDI TALUK, RAMANATHAPURAM DISTRICT.

CRIME NO.127/2018 ... RESPONDENT / RESPONDENT / RESPONDENT / COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition that "the petitioner/appellant shall appear before the said court daily at 10.30 a.m pending appeal" in the order passed in Crl M.P No. 10073 of 2021 in C.A No. 489 of 2021 dated 24.11.2021 PRAYER IN CRL A(MD) No.489 of 2021:

To call for the records and set aside the order of conviction and sentence passed in SSC.No.5/2019 dated 18-03-2021 on the file fo the Hon'ble Session Court, Special Court for trial of cases registered under SC/ST(POA)Act 1989, Ramanathapuram and allow this appeal and acquit the appellant/accused from the charges against him.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.N.SHYLLAPPA KALYAN.N, Advocate for the petitioner and of M/S.M.AASHA, Government Advocate (Crl. Side) on behalf of the Respondent, the Court made the following order:- This petition has been filed to relax the condition imposed on the petitioner in Crl.M.P(MD)No.10073 of 2021 in Crl.A(MD)No.489 of 2021, dated 24.11.2021.

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Crl.M.P(MD)No.4365 of 2022

2. The learned counsel appearing for the petitioner would submit that the petitioner is complying with the condition regularly. He further stated that since the petitioner is a daily wager, he is not in a position to comply with the 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.10073 of 2021 in Crl.A(MD)No.489 of 2021, dated 24.11.2021, is modified to the effect that the petitioner shall appear before the trial Court once in a month at 10.30 a.m., until further orders.

5. Accordingly, the condition imposed in Crl.M.P(MD)No.10073 of 2021 in Crl.A(MD)No.489 of 2021, dated 24.11.2021 is modified. This Criminal Miscellaneous Petition is ordered accordingly. sd/- 06/04/2022 / TRUE COPY / 07/04/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE SPECIAL COURT FOR TRIAL OF CASES REGISTRED UNDER SC/ST (POA) ACT 1989, RAMANATHAPURAM 2 THE DEPUTY SUPERINTENDENT OF POLICE, EMANESWARAM POLICE STATION, PARAMAKUDI TALUK, RAMANATHAPURAM DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. C.C. to MR.N.SHYLLAPPA KALYAN, Advocate SR.No.3083

ORDER

IN Crl.M.P(MD)No.4365 of 2022 in Crl.A(MD)No.489 of 2021 Date :06/04/2022 MK/PN/SAR.IV/07.04.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2