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Madras High CourtCRL MP(MD)/7104/2020ordered

Vaitheeswaran v. The Deputy Superintendent Of Police

2020-12-16Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (CRIMINAL ORIGINAL JURISDICTION) WEDNESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE MRS.JUSTICE R.THARANI IN CRL A(MD).NO.235 OF 2020 Vaitheeswaran

...Petitioner/Petitioner/Appellant

Vs 1 The Deputy Superintendent of Police, Oomachikulam, Madurai 2 State rep.by The Inspector of Police, Appanthirupathy Police Station, Madurai District (Crime No.337 of 2020) 3 Meena

...Respondents/Respondents

Prayer in CRL MP(MD). No.7104 of 2020:- Criminal Miscellaneous Petition filed under section 482 of Criminal Procedure Code, praying this Court to Relax the condition imposed by this Court in Crl.MP(MD)No.4486 of 2020 dated 10.09.2020 filed to relax the condition imposed in Crl.A(MD)Mo.235 of 2020 dated 12.08.2020.

Prayer in CRL MP(MD). No.4486 of 2020 :

Criminal Miscellaneous Petition filed under section 482 of Criminal Procedure Code, praying this Court to Relax the condition imposed by this Court in Crl.A(MD)Mo.235 of 2020 dated 12.08.2020. Prayer in CRL A(MD).No.235 of 2020 :

Criminal Appeal is filed under section 14-A of the Schedule Caste/Scheduled Tribes(POA) Act, 1989, against the order dated 29.06.2020 made in Cr.M.P.No.407 of 2020 on the file of the III Additional District and Sessions Judge(PCR), Madurai, dismissed the bail application of the appellant and set aside the same and enlarge the appellant on bail in connection with Crime No.337 of 2020, on the file of the Second respondent Police.

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ORDER:- Criminal Miscellaneous Petition coming up for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Ak.Azhagarsamy, Advocate for the Petitioner and of Mrs.S.Bharathi, Government Advocate(Criminal Side) on Behalf of the Respondents 1 & 2, this Court made the following order: This petition has been filed to relax the condition imposed by this Court in Crl.M.P.(MD)No.4486 of 2020 in Crl.A.(MD)No.235 of 2020 dated 10.09.2020.

2.On the side of the petitioner, it is stated that this Court in earlier order modified the order passed in Crl.A.(MD)No.235 of 2020, directing the petitioner to appear before the respondent Police on every Wednesdays. It is stated that the petitioner is complying the condition regularly and prayed the petition to be allowed.

3.The learned Additional Public Prosecutor appearing for the respondent admitted that the petitioner is complying the condition till now.

4.In view of the aforesaid submission, this Court is inclined to relax the condition imposed by this Court in Crl.M.P.(MD)No.4486 of 2020 dated 10.09.2020. Hence, this Criminal Miscellaneous Petition is allowed and the petitioner is directed to appear before the respondent police as and when required and before the concerned Court on every hearing.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO 1 The III Additional District Sessions Judge(PCR), Madurai. 2 The Deputy Superintendent of Police, Oomachikulam, Madurai 3 The Inspector of Police, Appanthirupathy Police Station, Madurai District 2/3

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

Dated: 16.12.2020 ORDER:

IN CRL A(MD).NO.235 OF 2020 NR 23/12/2020 (3P: 5C) 3/3