Vinester v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Wednesday, the Sixteenth day of September Two Thousand and Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI CRL MP(MD). No.4559 of 2020 in CRL A(MD).NO.239 of 2020 Vinester ... Petitioner/Appellant/ Petitioner/ Accused No.1 Vs.
1. The Deputy Superintendent of Police, Nagercoil, Kanyakumari District.
2. The Inspector of Police, Asaripallam Police Station, Kanyakumari District.
(In Crime No. 151 of 2020) : 1st and 2nd Respondents/ 1st and 2nd Respondents/ Complainants
3. Gunasekar : 3rd Respondent/3rd Respondent/ De-facto Complainant Prayer in CRL MP(MD) NO.4559 of 2020 :
This Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., to relax the condition imposed on the petitioner in Crl.A(MD)No. 239 of 2020 dated 07.08.2020.
Prayer in CRL A(MD).NO.239 of 2020 :
This Criminal Appeal is filed Under Section 14 A(2) of SC/ST (POA) Amended Act 1 of 2016,to set aside the order Dated 20.07.2020 made in Cr.M.P.No.1008 of 2020 on the file of the II Additional District and Sessions Judge (F.A.C) Tirunelveli (IV Additional Sessions Judge, Tirunelveli) and enlarge the appellant on bail. ORDER:- This Criminal Miscellaneous Petition coming upon for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.Malaiyendran, Advocate for the Petitioner and of Mr.K.Dinesh Babu, Additional Public Prosecutor, for the official respondents, this Court made the following order:
This petition has been filed to relax the condition imposed by this Court in Crl.A.(MD)No.239 of 2020 dated 07.08.2020.
2.On the side of the petitioner, it is stated that this Court has granted bail to the petitioner on 07.08.2020, directing the petitioner to appear before the Thoothukudi Town Police Station daily at 10.00 a.m., and 05.00 p.m. It is stated that the petitioner is complying the condition till now. It is further stated that the petitioner is a student and it is difficult for him to sign before the concerned police station twice and prayed the condition to be relaxed.
3.On the side of the prosecution, it is stated that the petitioner is complying the condition from 18.08.2020 onwards. 4.In view of the submissions made by both the counsel, this Court is inclined to modify the condition imposed by this Court in Crl.A.(MD)No.239 of 2020 dated 07.08.2020. Hence, this Criminal Miscellaneous Petition is partly allowed by modifying the condition that the petitioner is directed to appear before the Thoothukudi Central Police Station on every Sundays until further order. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To
1. The II Additional District and Sessions Judge (F.A.C) Tirunelveli (IV Additional Sessions Judge, Tirunelveli)
2. The Deputy Superintendent Of Police, Nagercoil Kanyakumari District.
3. The Inspector of Police, Asaripallam Police Station, Kanyakumari District.
4. The Inspector of Police, Thoothukudi Town Police Station, Thoothukudi District.
5. The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi.
6. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 16/09/2020 ==========================
ORDER
========================== CRL MP(MD). No.4559 of 2020 in CRL A(MD).NO.239 OF 2020 Giving direction and etc.
as stated within.
AC(CO) CS(23.09.2020) 3P 7C