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Madras High CourtCRL MP(MD)/10086/2023relaxed

Ayesha Kallashi v. The Deputy Superintendent Of Police

2023-07-17Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Seventeenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CRL MP(MD). No.10086 of 2023 in CRL A (MD)N0.385 of 2023 Ayesha Kallashi ... Petitioner/Appellant/Accused No.1 Vs 1 The Deputy Superintendent Of Police Tiruchendur Thoothukudi District.

2 The Inspector of Police Kulasekarapattinam Police Station Thoothukudi District.

( Crime No.45/2023).

... Respondents/Respondents/Complainant 3 Thangammal ... Respondent/Respondent/De-facto Complainant Prayer in CRL MP(MD). No.10086 of 2023 Petition filed under section 439 (1) (b) of Cr.p.c.r/w 482 of Cr.p.c To relax the condition imposed by this Hon'ble Court in Crl A.(MD) 385 of 2023 dated 19.06.2023 and thus render justice.

Prayer in CRL A (MD)N0.385 of 2023 This Criminal Appeal is filed under Section 14-A(2) of the Schedule Caste and the Schedule Tribes ( Prevention of Atrocities) Amendment Act, 2015, to call for the entire records pertaining to the order passed by the Special Court for trial of cases under SC/ST (POA) Act, Thoothukudi in Crl.M.P.No.374 of 2023, vide order dated

03.05.2023 and set aside the same and consequently release the appellant on bail in connection with the Cr.No.45 of 2023, pending on the file of the Second respondent. ORDER:- This 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 Mr.R.Anand Advocate for the Petitioner and of Mr.R.Sivakumar Government Advocate (Crl. Side)for the 1st and 2nd Respondents, this Court made the following order:

This petition has been filed to relax the condition imposed against the petitioner in Crl.A(MD)No.385 of 2023, dated 19.06.2023. 2.The learned counsel for the petitioner would submit that the petitioner is complying with the condition till today, without fail.

3. The above submission is admitted by the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2.

4. Since the petitioner is complying with the condition without fail and there are no adverse remarks as against the petitioner, the condition is fully relaxed. 5.The petition is ordered accordingly.

Sd/- Assistant Registrar(CS II) // True Copy // /07/2023 Sub Assistant Registrar(CS)

TO 1.The Special Sessions Judge(FAC), Special Court for Trial of SC/ST Act cases,Thoothukudi.

2. The Deputy Superintendent Of Police, Tiruchendur Thoothukudi District.

3. The Inspector of Police Kulasekarapattinam Police Station Thoothukudi District. Crime No.45/2023.

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

The Section Officer,Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 17/07/2023 ==========================

ORDER

========================== CRL MP(MD). No.10086 of 2023 in CRL A(MD) No.385 of 2023 Giving direction and etc.

as stated within.

MGJ(28.07.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023