M.Ranthinan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN in Crl A(MD) No.360 of 2021 M.Ranthinan ... Petitioner/Appellant/Accused Vs 1.

The State represented by The Deputy Superintendent Of Police Aundipatti Theni District.

2.

The Inspector of Police Aundipatti Police Station Theni District.

...

Respondents 1 & 2/Respondents 1 & 2/ Complainants 3.

Tamilselvi ... 3rd Respondent/De-facto Complainant Prayer in CRL MP(MD). No.9255 of 2021 :- This Criminal Miscellaneous Petition filed under Csection 482 of Cr. P.C., praying this Court to relax the condition imposed on the petitioner by this Honourable Court in C.A.No.360/2021 dt.17/09/2021 Prayer in CRL A(MD). 360/ 2021 :

This Criminal Appeal is filed under Section 14 (A) (2) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, praying this Court to set aside the order passed by the Learned Sessions Judge, Fast Track Mahila Court, Theni, in Crl.M.P.No.576 of 2021 passed on 30/07/2021 and to enlarge the petitioner on bail in Crime.No.523 of 2021 pending investigation on the file of the first Respondent ORDER:- This Criminal Miscellaneous 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.G.Rajan, Advocate for the Petitioner and of Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor,for the respondents 1 and 2, this Court made the following order:

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This petition has been filed to relax the condition imposed on the petitioner in Crl.A(MD)No.360 of 2021, dated 17.09.2021. 2.Mr.G.Rajan, learned counsel appearing for the petitioner would state that while granting suspension of sentence, this Court imposed a condition that the petitioner/Appellant shall appear before the Fast Track Mahila Court, Theni District, daily at 10.30 a.m., and the petitioner has been complying with the condition from 27.09.2021. 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 Government Advocate (Crl.side) appearing for the State Government would submit that the petitioner has been complying with the condition regularly from 27.09.2021 without any violation.

4. Hence, in the light of the above fact, the condition imposed on the petitioner in Crl.A(MD)No.360 of 2021, dated 17.09.2021 is not violated, the same is modified to the effect that the petitioner is directed to appear before the Fast Track Mahila Court, Theni District, 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-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.

The Deputy Superintendent Of Police Aundipatti Theni District.

2.

The Inspector of Police Aundipatti Police Station Theni District.

Copy to:

1. The Judge The Fast Track Mahila Court, Theni District

2. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai 2/3

+1CC to Mr.G.Rajan, Advocate, SR.No. 33605 dated 02.11.2021 ORDER DATED : 02/11/2021 ========================== Relaxation ORDER ========================== in Crl A(MD) No.360 of 2021 Giving direction and etc.

as stated within.

KB(12.11.2021) 3P 6C 3/3