Madras High CourtCRL MP(MD)/3926/2021modified

Mr.Kasamuthu v. The Deputy Superintendent Of Police

2021-06-15Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Fifteenth day of June Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD). No.3926 of 2021 in Crl.A(MD) No.41 of 2021

1. Kasamuthu

2. Sundar Petitioners/Accused 5 and 6 Vs 1 The Deputy Superintendent Of Police Alwarthirunagari Thoothukudi District.

2 The Inspector of Police Alwarthirunagari Police Station Thoothukudi District. Cr.No. 305 of 2020.

3 Packiyaraj .. Respondent/Respondent/Complainant Prayer CRL MP(MD). No.3926 of 2021 :- This Criminal Miscellaneous Petition filed under section 482 of Criminal Procedure Code, praying to relax or modify the condition imposed by this Honble Court in condition No.III,in order passed in Crl.MP.No.2652 of 2021 in Crl.A.(MD).No.41 of 2021. Prayer in Crl.MP.No.2652 of 2021:

This Criminal Miscellaneous Petition filed under section 482 of Criminal Procedure Code, praying to modify the condition imposed by this Honourable Court in connection No.III in order passed in Crl.A.(MD)No.41 of 2021.

Prayer in Crl.A.(MD)No.41 of 2021:

This Criminal Appeal is filed under section 14A (2) of Scheduled Caste / Scheduled Tribes (POA)ACt, 2015, to call for the records of the order dated 21.11.2020 in Cr.M.P.No.26 of 2020 on the file of the Special Court for Trial of Cases under the Scheduled Caste / Scheduled Tribes (POA)Act, Thoothukudi in Crime No.305 of 2020 on the file of the respondent police and set aside the same and grant bail to the appellants/Accused No.5 and 6. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and earlier order of this court and upon hearing the arguments of Mrs. T. Seeni Syed Amma For Mr. T.Lajapathiroy, Advocate for the Petitioners and of Mr. Rms. Sethuraman, Standing Counsel For State of Tamil Nadu for the respondents 1 and 2 and this Court made the following order:

This petition has been filed to relax or modify the condition imposed by this Court in Crl.M.P(MD)No.2652 of 2021 in Crl.A(MD)

No.41 of 2021, dated 26.03.2021.

2.The learned counsel for the petitioners submitted that the petitioners have been complying with the condition imposed by this Court in Crl.M.P(MD)No.2652 of 2021 in Crl.A(MD)No.41 of 2021, dated 26.03.2021 regularly and he prayed for relaxation of the said condition.

3.The learned Standing Counsel appearing for the first and second respondents has strongly opposed to relax the condition. 4.Taking into consideration of the submissions made by both the learned counsel, the condition imposed by this Court in Crl.M.P(MD) No.2652 of 2021 in Crl.A(MD)No.41 of 2021, dated 26.03.2021 is modified to the effect that the petitioners are directed to reside at Tirunelveli and not to enter Thoothukudi District and to sign before the Tirunelveli Town Police Station once in a month i.e., on the first working day of every month at 10.30 a.m. until further orders. This petition is ordered accordingly. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO

1. The Special Judge for Trial of Cases Under the Schedule caste and Schedule tribes(POA) Act, Thoothukudi.

2.The Deputy Superintendent Of Police Alwarthirunagari Thoothukudi District.

3. The Inspector of Police Alwarthirunagari Police Station Thoothukudi District. Cr.No. 305 of 2020.

4. The inspector of Police, Tirunelveli Town Police Station, Tirunelveli District.

The Superintendent, Central Prison, Palayamkottai.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1CC to Mr. T.Lajapathiroy,Advocate, SR.No.19377 dated 16.06.2021 ORDER DATED : 15/06/2021 ==========================

ORDER

========================== CRL MP(MD). No.3926 of 2021 in Crl.A(MD) No.41 of 2021 Giving direction and etc.

as stated within.

KB(23.06.2021) 3P 8C