Madras High CourtCRL MP(MD)/5814/2020ordered

Vinester v. The Deputy Superitendent Of Police

2020-11-23Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD). No.5814 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (CRIMINAL JURISDICTION) MONDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE MRS.JUSTICE R.THARANI CRL MP(MD). NO.5814 OF 2020 IN CRL A(MD).NO.239 OF 2020 Vinester ...Petitioner/Petitioner/Appellant Vs 1 The Deputy Superintendent of Police, Nagercoil, Kanyakumari District.

2 The Inspector of Police, Asaripallam Police Station, Kanyakumari District. (Crime No.151 of 2020). ...1st and 2nd Respondent/1st and 2nd Respondent 3 Gunasekar ...3rd Respondent/3rd Respondent/Defacto Complainant Prayer in CRL MP(MD).No.5814 of 2020:- Criminal Miscellaneous Petition filed under Section 482 of Criminal Procedure Code, praying this Court to relax the condition imposed on the Petitioner in Crl.MP.No.4559 of 2020 made in Crl.A. (MD).No.239 of 2020, dated 16.9.2020.

Prayer in CRL A(MD).No.239 of 2020 :

Criminal Appeal filed under Section 14A(2) of SC/ST (POA) Amended Act, 2016, to set aside the order dated 20.07.2020 passed in Cr.M.P.No.1008 of 2020 on the file of the learned II Additional District and Sessions Judge, (FAC), Tirunelveli (IV Additional Sessions Judge, Tirunelveli) and enlarge the appellant on bail. ORDER:- Criminal Miscellaneous Petition coming upon for hearing 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.A.Saravanakumar, Government Advocate (Criminal Side) On Behalf of the Respondents Nos.1 and 2, this Court made the following order:

The petitioner filed this petition for relaxing the bail condition imposed by this Court on this petitioner in Crl.M.P.(MD) No.4559 of 2020 in Crl.A.(MD)No.239 of 2020, dated 16.09.2020. 2.The learned counsel for the petitioner submitted that the petitioner is abiding the condition imposed by this Court regularly.

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CRL MP(MD). No.5814 of 2020

3. The learned Government Advocate submitted that the case is under investigation and the offence against the petitioner is 302 I.P.C and SC/ST Act.

4. In the above circumstances, this Court is inclined to modify the condition. Hence, the condition imposed by this court in Crl.M.P.(MD)No.4559 of 2020 on 16.09.2020, is modified to the effect that the petitioner shall report before the concerned Police Station on alternative Sunday at 10.30 a.m., pending disposal of the appeal. This petition is allowed accordingly.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1 The II Additional District and Sessions Judge, (FAC), 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 Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi District.

Dated: 23/11/2020 Order:

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