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Madras High CourtCRL MP(MD)/7652/2025modified

Vellaiyan @ Muthaiah v. The State Of Tamil Nadu

2025-06-19Honourable Ms Justice R.N.Manjula3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19-06-2025

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA AND CRL A(MD) NO. 111 OF 2025 Vellaiyan @ Muthaiah S/o Dharmar, Ward No.7, Manthaiammal Kovil street, Kamaiyagoundanpatti, Theni District.

... Petitioner Vs 1.The Deputy Superintendent of Police, Uthamapalayam Sub Division, Rayappanpatty Police station, Theni District.

(Crime No. 25/2016) Chinnan.(Died) 2.Mohan (R2 is impleaded as per order of the court dt.04.04.2025 in Crl.MP(MD).2150 of 2025 in Crl.A(MD).111 of 2025 by BPJ) ... Respondents PRAYER : This Criminal Miscellaneous Petition is filed under Section 528 of BNSS to relax the condition imposed on the petitioner in Crl.M.P(MD)No.1017 of 2025 in Crl.A (MD)No.111 of 2025 dated 04.04.2025.

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For Petitioner:

Mr.C. Susikumar For Respondents:

Mr.A.Albert James Government Advocate (Crl.side)

ORDER

This petition is filed to relax the condition imposed on the petitioner in Crl.M.P (MD)No.1017 of 2025 in Crl.A(MD)No.111 of 2025 dated 04.04.2025.

2. The learned Government Advocate (Crl. Side) submitted that the petitioner has been complying with the condition regularly, without any default.

3. Considering the fact that the petitioner is complying the condition regularly and also in view of the reasons cited by the petitioner in the affidavit filed in support of this petition, I feel that the condition imposed on the petitioner can be relaxed.

4. Accordingly, the condition No.9, already imposed on the petitioners in Crl.M.P(MD)No.1017 of 2025 in Crl.A(MD)No.111 of 2025 dated 04.04.2025, is hereby modified as follows:

" The petitioner shall report before the Special Court for Trial of Cases under SC/ST (POA) Act, Theni, twice a month (i.e., on the 1st and 15th of every English Calender month) at 10.30 a.m., till the disposal of the appeal. If 1st and 15 day falls on a holiday, the petitioner shall appear before the above said Court on the next 2/3

working day."

5. Other conditions shall hold good.

sd/- 19/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 THE SPECIAL JUDGE FOR TRIAL OF CASES UNDER SC/ST(POA) ACT, THENI.

2 THE DEPUTY SUPERINTENDENT OF POLICE, UTHAMAPALAYAM SUB DIVISION, RAYAPPANPATTY POLICE STATION, THENI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE INSPECTOR OF POLICE, E-1 K.PUDUR POLICE STATION, MADURAI.

ORDER IN AND CRL A(MD) NO. 111 OF 2025 Date :19/06/2025 SA/SAR. /23.06.2025/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3