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Madras High CourtCRL MP(MD)/9402/2024ordered

Murugan v. The State Of Tamil Nadu

2024-09-06Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Sixth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in Crl.A(MD) No.135 of 2024 Murugan ... Petitioner/Petitioner Vs 1 The State of Tamil Nadu Rep by the Deputy Superintendent of Police Thiruppathur Sub Division, Sivagangai 2 The Inspector of Police Tirupattur Town Police Station, Sivagangai District.

(Crime No. 172 of 2023) 3 Manjula ... Respondents/Complainant Prayer :- This Criminal Miscellaneous Petition is filed under section 528 of BNSS, to relax the condition imposed by this Honble court by its order dt. 12.03.2024 in Crl 1/4

A (MD) No. 135 of 2024 on the file of this Honble court. Prayer in Crl.A(MD) No.135 of 2024 :- This Criminal Appeal is filed under Section 14(A)(2) of the Schedule Castes and Tribes Prevention of Atrocities Act, 2015 (Amended by Act 1 of 2016), to call for the records pertaining to the order passed in Crl.M.P.No.63 of 2024 on the file of the Special Court for Trial Cases under SC/ST (PoA) Act, Sivagangai dated 12.01.2024 and set aside the same as illegal and enlarge the petitioner on bail in connection with Criminal Case in Spl.S.C.No.8 of 2024 in Crime No.172 of 2023. ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.R.Srinivasan, Advocate for the Petitioner and of Thiru.M.Sakthi Kumar, Government Advocate (Crl.Side)for the respondents 1 &2, this Court made the following order:

This Criminal Miscellaneous Petition is filed to relax the condition imposed by this court, by order, dated 24/05/2024 in Crl.MP(MD)No.5187 of 2024 in Crl.A(MD) No.135 of 2024.

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2.Heard both sides.

3.The learned counsel appearing for the petitioner would submit that subsequent to the grant of bail, he met with an accident and lost one of his legs. He is taking continuous treatment in Coimbatore. Because of that, he could appear before the concerned court for complying the condition. 4.The learned Government Advocate (Criminal side) also confirmed the above said fact.

5.In view of the above fact, this Criminal Miscellaneous Petition is allowed and the condition imposed upon the petitioner is relaxed in toto. Since the case is taken on file in Special SC No.8 of 2024 by the PRC Court, Sivagangai, let the petitioner appear before the said court on receipt of summon. Sd/- Assistant Registrar (CS-II) // True Copy // /10/2024 Sub Assistant Registrar (CS- I, II, III, IV) Er TO

1. The Judge, Special Court for Trial Cases under SC/ST (POA) Act, Sivagangai. 3/4

2. The Deputy Superintendent of Police Thiruppathur Sub Division, Sivagangai 3 The Inspector of Police Tirupattur Town Police Station, Sivagangai District.

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

5. The Officer In-Charge, Central Prison, Madurai. +1 CC to M/s.R.Srinivasan, Advocate ( SR-11115[I] dated 10/09/2024 ) ORDER DATED : 06/09/2024 ==========================

ORDER

========================== CRL MP(MD). No.9402 of 2024 in Crl.A(MD) No.135 of 2024 Giving direction and etc.

as stated within.

RD(19.10.2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4