Madras High CourtCRL A(MD)/341/2020dismissed

R.Suryaprakash v. The Assistant Commissioner Of Police

2020-11-26Honourable Mrs Justice R. Tharani2 pages

Crl.A.(MD)No.341 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 26.11.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Crl.A.(MD)No.341 of 2020 1.R.Suryaprakash 2.Velu 3.Manikandan .. Appellants / Petitioners Vs.

1.The Assistant Commissioner of Police, Madurai Town, Madurai.

2.The State through, Inspector of Police, Jaihindpuram Police Station(L & O), Madurai City.

(Crime No.1248 of 2020) 3.Murugayee .. Respondents / Respondents Prayer : This Criminal Appeal is filed under Section 14-A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amended Act, 2016, to call for the records in Crl.M.P.No.552 of 2020 on the file of the learned III Additional District and Sesions Judge (PCR) (FAC), Madurai dated 02.11.2020 in so far as condition no.3 is concerned made in and set aside the same as illegal and relax the condition imposed against the appellants/petitioners. For Appellants : Mr.R.Venkatesan For Respondents : Mr.S.Chandrasekar R1 & R2 Additional Public Prosecutor

JUDGMENT

This appeal has been filed to set aside the order passed in Cr.M.P.No.552 of 2020 dated 02.11.2020, on the file of the learned III Additional District and Sessions Judge (PCR) (FAC), Madurai. 2.The appellants were arrested and remand to judicial custody for the offence under Section 147, 294(b), 323, 427, 379 (NP), 506 (i) of IPC and Section 4 of TNPHW Act and Section 3(2)(va) of SC/ST Act. The appellants have filed a bail petition in Cr.M.P.No.552 of 2020 before the learned III Additional District and Sessions Judge. The learned Judge allowed the petition vide order dated 01.07.2020, by imposing the third condition to the effect that the appellants https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl.A.(MD)No.341 of 2020 shall appear and sign before the second respondent daily at 10.00 a.m., until further orders and shall co-operate with the police for interrogation until further orders. Challenging the aforesaid condition, the appellants have preferred the appeal. 3.On the side of the appellants, it is stated that the appellants could not comply the condition no.3, since the appellants have to attend the online courses and prayed the condition no.3 to be relaxed.

4.The appellants are directed to approach the District Court for the said relief.

5.With the above direction, this Criminal Appeal is dismissed and the learned District Judge is at liberty to pass orders on merits and in accordance with law.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) Mrn 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 Assistant Commissioner of Police, Madurai Town, Madurai.

2.The Inspector of Police, Jaihindpuram Police Station(L & O), Madurai City.

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

Crl.A.(MD)No.341 of 2020 26.11.2020 MA(CO) KK(04.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2