Naresh Kumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Fifteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI in CRL A(MD) No.352 OF 2021 Naresh Kumar S/o.Kuzhandhai Rasu 3/445b(4), Balan Nagar, Paramakudi Taluk, Ramanathapuram District.

... Petitioner/Appellant/Accused No.6 Vs 1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanthapuram District.

(Cr.No. 175 of 2021) ... Respondents/Respondents/Complainant 3.Renuga W/o.Jeyachandran, Tholur, Vilathur Post, Paramakudi Taluk, Ramanthapuram District. ... Respondent/Respondent/Complainant Prayer :- This Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C. to relax the condition imposed on the petitioner appellant in Crl.A.(MD).No.352 of 2021 dated 13.09.2021 in Cr.No.175/2021.

ORDER

:- This Criminal Miscellaneous Petition 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.S.Balamurugan, Advocate for the Petitioner and of Mr.K.Sanjan Gandhi, Government Advocate (Crl Side) for the respondent, this Court made the following order:

This petition has been filed to relax the condition imposed by this Court in Crl.A.(MD)No.352 of 2021, dated 13.09.2021. 2.A case in Crime No.175 of 2021 on the file of the respondent police was registered against the petitioner under Section 302 IPC 1/3

and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. The petitioner filed an appeal before the Sessions Judge, Special Court for Trial of Cases registered under SC/ST (POA) Act, 1989, Ramanathapuram, in Crl.M.P.No.401 of 2021 and the same was dismissed on 28.07.2021. Against the said order, the petitioner filed an appeal in Crl.A.(MD)No.352 of 2021 and the same was allowed on certain conditions.

3.On the side of the petitioner, it is stated that the petitioner is obliging the order of this Court and is complying the condition No.(a) imposed by this Court from 23.09.2021 onwards and prayed the condition to be relaxed.

4.On the side of the prosecution, it is fairly admitted that the petitioner is complying with the condition regularly. It is further stated that no previous case is pending against the petitioner.

5.In view of the submissions made by both side counsel, the condition No.(a) already imposed on the petitioner is modified to the effect that the petitioner is directed to appear before the concerned Court weekly once i.e., on every Wednesday at 10.30 a.m., until further orders. This petition is allowed accordingly. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) To

1) The Sessions Judge, Special Court for Trial of cases under SC/ST Act cases, Ramanthapuram.

2) The Deputy Superintendent Of Police, Paramakudi, Ramanathapuram District.

3) The Inspector of Police, Paramakudi Town Police Station, Ramanthapuram District.

2/3

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

Copy to:

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

+1 CC to Mr.S.Balamurugan, Advocate (SR-8108 dated 16/11/2021) ORDER DATED : 15/11/2021 ==========================

O R D E R

========================== in CRL. A(MD) No.352 of 2021 Giving direction and etc.

as stated within.

RS(26.11.2021) 3P 7C 3/3