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Madras High CourtCRL OP(MD)/13547/2021ordered

Thirumalai v. The Deputy Superintendent Of Police

2021-09-21Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Thirumalai,

2. Pandiammal,

3. Alagammal, Wrongly Mentioned as Selvi,

4. Muthumani,

5. Pothum Ponnu,

6. Jeya Lakshmi, ... Petitioners/Accused Nos.7,8,9,11,12,13 Vs State rep by

1. The Deputy Superintendent Of Police, Melur, Madurai District..

2. The Sub Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai District.

Cr.No.39 of 2020.

3. Lakshmanan, ... Respondents/Complainants For Petitioner : M/s.Dilip Kumar.N, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PRAYER :- Petition filed Under Section 439(1)(b)r/w 482 of Cr.P.C., to call for the records relating to the orders passed by the learned III Additional District and Sessions Judge (PCR), Madurai dated.04/09/2021 in Crl.M.P.No.1063 of 2021 in Crl.M.P.No.1013 of 2021 and set aside the same and allow the said application. 1/3

ORDER : The Court made the following order :- This petition has been filed to call for the records relating to the orders passed by the learned III Additional District and Sessions Judge (PCR) , Madurai dated.04/09/2021 in Crl.M.P.No.1063 of 2021 in Crl.M.P.No.1013 of 2021 and set aside the same.

2. The learned counsel for the petitioners submit that the petitioners have complied with the conditions imposed by the trial Court in Crl.M.P.No.1013 of 2021 dated 27.08.2021, for more than 28 days. Thereafter, they filed a petition seeking relaxation of the condition. But, without taking into consideration of the fact that the petitioners are complying with the conditions for the past 28 days without fail, the trial Court dismissed the application.

3. The learned Additional Public Prosecutor submits that the charge sheet has been filed and the same was also taken on file in Spl.S.C.No.25 of 2021. He further submitted that the petitioners are complying with the conditions for the past 28 days without fail.

4. Considering the submission made and also the fact that the petitioners have complied with the condition for more than 28 days, this Court sets aside the order passed by the learned III Additional District and Sessions Judge (PCR), Madurai dated 04.09.2021 in Crl.M.P.No.1063 of 2021 in Crl.M.P.No.1013 of 2021 and the condition imposed on the petitioners in Crl.M.P.No.1013 of 2021 dated 27.08.2021 is totally relaxed.

5. Accordingly, this Criminal Original Petition stands allowed. sd/- 21/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb 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.

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TO

1. The III Additional District and Sessions Judge (PCR), Madurai

2. The Deputy Superintendent Of Police, Melur, Madurai District..

3. The Sub Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai District.

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

ORDER IN CRL OP(MD) No.13547 of 2021 Date : 21/09/2021 TR/SKN/SAR-IV(27.09.2021) 3P 5C 3/3