Madras High CourtCRL A(MD)/350/2020allowed

B.Senthil Kumar@Senthil Anand v. The Deputy Superintendent Of Police

2020-12-11Honourable Mrs Justice R. Tharani2 pages

Crl. A.(MD)No.350 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 11.12.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Crl. A.(MD)No.350 of 2020 1.B.Senthil Kumar @ Senthil Anand 2.P.Saravanan 3.K.Thivagar 4.C.Manish @ Mathav 5.S.Selvabharathi 6.M.Chinnadurai 7.S.Ramesh 8.G.Selvakumar 9.M.Gopinathan @ Gopirajan 10.S.Nithish @ Nithishkumar ... Appellants /Accused Nos.1 to 10 Vs.

1.The Deputy Superintendent of Police, Manapparai Sub-Division, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Trichy District.

(Crime No.1483 of 2020)

...Respondents 1&2 /Complainants

3.Balachandar ...3rd Respondent/Defacto Complainant Prayer : This criminal appeal filed under Section 14A(1) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to call for the records and set aside the order passed by the 1st Additional District Judge (PCR), Tiruchirappalli, dated 12.10.2020 made in Crl.M.P.No.3553 of 2020 in Crl.M.P.No.3293 of 2020 and relax the condition imposed on the appellants by allowing this appeal.

For Appellants : Mr.K.Arunraj For Respondents : Mr.A.Saravana Kumar Government Advocate (crl.side) for R1 and R2

JUDGMENT

This appeal has been filed to set aside the order passed by the 1st Additional District Judge (PCR), Tiruchirappalli, dated 12.10.2020, made in Crl.M.P.No.3553 of 2020 in Crl.M.P.No.3293 of 2020 and relax the condition imposed on the appellants https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl. A.(MD)No.350 of 2020

2. On the side of the appellants, it is stated that the appellants are youngsters and they are complying the condition from 17.09.2020 onwards. The condition is that they have to appear before the Deputy Superintendent of Police, Manapparai daily twice ie. at 10.30 a.m., and 5.00 p.m., and prayed the condition to be relaxed.

3. On the side of the respondents, it is stated that except the sixth appellant / A6, all other appellants have complied with the condition and the sixth appellant / A6 is remanded in another case. After examination of 20 witnesses, the Deputy Superintendent of Police has closed the matter as 'mistake of fact'.

4. In view of the above submission, there is nothing survives in this matter. Hence, this Criminal Appeal is allowed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls Note : In view of the present lock down owing to COVID - 19 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 1st Additional District Judge (PCR), Tiruchirappalli 2.The Deputy Superintendent of Police, Manapparai Sub-Division,Trichy District.

3.The Inspector of Police, Manapparai Police Station,Trichy District.

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

Crl. A.(MD)No.350 of 2020 11.12.2020 AC(CO) AP(21/12/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2