Kannan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Sixth day of April Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.2959 of 2021 in CRL A(MD) NO.88 OF 2021 Kannan ... Petitioner/Appellant Vs
1. The Deputy Superintendent Of Police, Oddanchatram Sub Division,
2. The Inspector of Police, Ambilikkai Police Station,
3. Chandra ... Respondents/Respondents Prayer in CRL MP(MD) No.2959 of 2021:- This Miscellaneous petition filed under Section 482 Cr.P.C. to Modify the condition in Crl. A. (MD) No. 88/2021 dated 11.03.2021 to sign before the Ambilikkai Police station of Dindigul District. Prayer in CRL A(MD) NO.88 OF 2021 This Criminal Appeal filed under Section 14 A(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 as amended by Act 1 of 2016, to call for the records relating to the impugned order dated 21/01/2021 made in Cr.MP.No.30 of 2021 in Spl.S.C.NO.53 of 2020 on the file of the learned Special Court for exclusive trial of cases under SC/ST (POA) Act, Sessions Judge, Dindigul District, Dindigul and to set aside the same and consequently to release the petitioner on bail in connection with the FIR in Crime NO.
925 of 2020, pending trial on the file of the learned Special Court for exclusively trial of cases under SC/ST (POA) Act, Sessions Judge, Dindigul District, Dindigul. 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. S. Velmurugan, Advocate for the Petitioner and of Mr. R.
This petition has been filed to modify the condition in Crl.A 1/3
(MD)No.88 of 2021, dated 11.03.2021 to sign before the Ambilikkai Police Station, Dindigul District.
2.The learned counsel for the petitioner submitted that the petitioner was released on bail by this Court in Crl.A(MD)No.88 of 2021, dated 11.03.2021 with the conditions. One of the conditions is that the petitioner should reside at Madurai and to sign before the South Gate Police Station daily twice at 10.30 a.m. and 6.00 p.m. and not to enter Dindigul District until further orders. The petitioner has been complying with the condition from 18.03.2021 to till date without fail. He further submitted that the petitioner is a poor coolie worker and he could not spend huge amount. Further due to the coming Assembly Election the police people instructed the lodge owners not allow the outsiders in the lodge and hence he could not stay in the lodge. Hence, it is very difficult for him to stay at Madurai and abide the present condition.
Therefore, he seeks to modify the condition to sign before the Ambilikkai Police Station, 3.The learned Government Advocate (Crl.side) appearing for the respondent has submitted that the petitioner is complying with the condition without fail and strongly opposed for modification petition.
4.On perusal of order of this Court, it is seen that the petitioner was not permitted to enter into Dindigul District. When he was permitted to enter into Dindigul District, it will cause problem. Hence, the relief cannot be granted, but the condition imposed by this Court was modified to that effect that the petitioner shall sign before the South Gate Police Station on the first working day of every month at 10.30 a.m. until further orders. 5.This petition is ordered accordingly.
Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Sessions Judge, Special Court for exclusive trial of cases under SC/ST (POA) Act, Dindigul District, Dindigul.
2. The Deputy Superintendent Of Police, Oddanchatram Sub Division, 2/3
3. The Inspector of Police, Ambilikkai Police Station,
4. The Officer Incharge, The District Prison, Dindigul.
5. The Inspector of Police, South Gate Police Station, Madurai.
6. The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 26/04/2021 ==========================
ORDER
========================== CRL MP(MD) No.2959 of 2021 in CRL A(MD) NO.88 OF 2021 Giving direction and etc.
as stated within.
na(CO) TR(11.06.2021) 3P 7C 3/3