Madras High CourtCRL MP(MD)/11052/2021ordered

Nethaji v. The Deputy Superintendent Of Police

2021-12-13Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Thirteenth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI in CRL.A(MD).No.274 of 2021 Nethaji ... Petitioner/Appellant Vs 1 The State rep by its The Deputy Superintendent Of Police Nilakottai Sub Division Villampatti Police Station Dindigul District.

2 The Inspector of Police Villampatti Police Station Dindigul District.

(Cr.No. 348 of 2021) 3 Pagutharivu ... 1 to 3 Respondents/ 1 to 3 Respondents Prayer in CRL MP(MD).No.11052 of 2021:- The petition filed under Section 482 to relax the condition imposed on the petitioner in Crl.A.(MD) No.274 of 2021 dt.29/07/2021 Prayer in CRL.A(MD).No.274 of 2021:- This Appeal is filed under Section 14A(2)of the scheduled caste and scheduled Tribe ,(Prevention of Atrocities Act) 1989 as amended by Act 1 of 2016, to call for the entire records relating to the impugned order ,dated.28.06.2021. Made in Crl Mp.511 of 2021 on the file of the Special Court for Exclusive trial of cases under SC/ST(POA) Act sessions Judge, Dindigul ,Dindigul district and to set asidse the same and consequently to release the petitioner onbail in connection with the FIR in Crime No.

511 of 2021,pending investigation on the file of the 1st respondent police 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 Thiru. S.Sarvagan Prabhu, Advocate for the Petitioner and of Thiru. M.

This petition has been filed to relax the condition imposed by this Court in Crl.A.(MD)No.274 of 2021 dated 29.07.2021. 2.On the side of the petitioner, it is stated that the petitioner is complying the condition regularly and prayed the condition to be relaxed.

3.The learned Government Advocate (Crl.side) appearing for the respondent fairly admitted that the petitioner is complying the condition till now.

4.In view of the submission made by the learned Government Advocate (Crl. Side), this Court is inclined to relax the condition imposed by this Court in Crl.A.(MD)No.274 of 2021, dated 29.07.2021. This Criminal Miscellaneous Petition is allowed. However, the petitioner shall appear before the trial Court on all hearing dates and on other dates fixed by the trial Court and by the respondent police.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. TO

1. The Sessions judge, Special Court for Exclusive trial of cases under SC/ST(POA) Act , Dindigul

2. The Deputy Superintendent Of Police, Nilakottai Sub Division Villampatti Police Station Dindigul District.

3. The Inspector of Police Villampatti Police Station Dindigul District.

4. The Additional Plublic Prosecutor, Madurai Bench of Madras High Court, Madurai 2/3

ORDER DATED : 13/12/2021 ==========================

ORDER

========================== in CRL.A(MD).No.274 of 2021 Giving direction and etc.

as stated within.

KB(05.01.2022) 3P 5C 3/3