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Madras High CourtCRL MP(MD)/7979/2021modified

Muthuramalingam v. The Deputy Superintendent Of Police

2021-10-20Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Original Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.7979 of 2021 IN CRL A(MD) No.339 of 2021 1 MUTHURAMALINGAM ...Appellant/Accused No 1 Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUCHUZHI SUB DIVISION, VIRUDHUNAGAR DISTRICT.

2 THE INSPECTOR OF POLICE VEERACHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT. CR.NO.27 OF 2021. ...Respondents 1 and 2/Complainant 3 MARI GANESH ...3rd Respondent/Defacto Complainant Prayer in CRL.MP(MD).No. 7979 of 2021:- This Petition filed under Section 482 of Criminal Procedure Code, to relax the condition imposed on the Petitioner by order dated.3.9.2021 in Crl.A.(MD).No.339 of 2021. Prayer in Crl.A.(MD).No. 339 of 2021 This Criminal Appeal is filed under Section 14A(2) of SC/ST (POA) Act 1989 as amended by Act 1 of 2016, to call for records relating to the order dated 30.07.2021 made in CR.MP.No. 1184 of 2021 on the file of the THE SESSIONS JUDGE, SPECIAL COURT FOR TRIAL OF SC/ST (POA) ACT CASES, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR and set aside the same and enlarge the appellant on bail.

Order : This petition coming on for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.V.Sasikumar, Advocate for the petitioner and of Thiru.M.Muthumanikkam, Government Advocate for the 1st and 2nd respondents, this court made the following order: This petition has been filed to relax the condition imposed on the petitioner by this court in Crl.A(MD).No. 339 of 2021 dated 03.09.2021.

2.Mr.V.Sasi Kumar, learned counsel appearing for the petitioner would state that while granting bail, this court imposed a condition that the petitioner/A1 shall appear before the concerned trial https://hcservices.ecourts.gov.in/hcservices/ 1/2

court, daily at 10.30 a.m., until further orders and the petitioner has been complying with the condition from 13.09.2021. It is further stated that in view of the condition imposed on the petitioner, he is not able to go for regular work and earn for his livelihood and hence, his entire family is suffering.

3.MR.M.Muthumanikkam, learned counsel appearing for Government of Tamil Nadu(Criminal Side) would submit that the petitioner has been complying with the condition regularly from 13.09.2021. 4.In the light of the above fact, the condition imposed on the petitioner in Crl.A.(MD).No.339 of 2021 dated 03.09.2021, is modified to the effect that the petitioner/A1 is directed to appear before the learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases, Viruthunagar District @ Srivilliputtur, on the first working day of every month at 10.30 a.m., until further orders.

5.Accordingly this Petition is ordered Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1 The Sessions Judge, Special Court for trial of SC/ST (POA).Act Cases, Viruthunagar.

THE DEPUTY SUPERINTENDENT OF POLICE, THIRUCHUZHI SUB DIVISION, VIRUDHUNAGAR DISTRICT. 2 THE INSPECTOR OF POLICE VEERACHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT.

3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai ORDER DATED :20.10.2021 ======================= Relaxation ======================= CRL MP(MD) No.7979 of 2021 IN CRL A(MD) No.339 of 2021 Giving direction and etc., as stated within.

KB(26.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2