Madras High CourtCRL MP(MD)/11851/2021allowed

Raja v. The Deputy Superintendent Of Police

2021-12-23Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Jurisdiction Thursday, the Twenty Third day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD)No.11851 of 2021 in CRL A(MD)NO.473 OF 2021 Raja S/o.Rajendran 4/11 Anna Nagar Thiruvaikavur Thanjavur District.

... Petitioner/Accused no.11 Vs 1 The Deputy Superintendent Of Police Papanasam Division Thanjavur District.

2 The Inspector of Police Kabisthalam Police Station Thanjavur District. (Crime No. 663 of 2021) ... Respondent/Complainant 3 Thiagarajan S/o.Devendran Anna Nagar Thiruvaikavur Thanjavur District.

... Respondent/Defacto-Complainant Prayer :- To relax the condition imposed in the Crl A (MD) No. 473 of 2021 dt. 24.11.2021 Prayer in Crl.A.(MD)No.473 of 2021:

Petition filed under Section 14A(2) of SC/ST(Prevention of Attrocities) Amendment Act,2015 to call for the records to set aside the order passed in Crl.MP.No.467 of 2021 dated 27.10.2021 on the file of the Learned I Additional District and Sessions Judge,Thanjavur and enlarge the appellant on bail in connection with Crime No.663 of 2021 ORDER:- This CMP Petition coming on for orders on this date and under the caption relaxation and in the presence of Thiru. S.Chellapandian, Advocate for the Petitioner and of Thiru.K.Sanjay,Gandhi Government Advocate for the respondent(s) 1 & 2,this Court made the following order:

This petition has been filed to relax the condition imposed by this Court in Crl.A.(MD)No.473 of 2021, dated 24.11.2021.

2. On the side of the petitioner, it is stated that the petitioner is complying the condition regularly from 11.12.2021

onwards. The condition imposed against the petitioner is that he has to stay at Madurai and to sign before the South Gate Police Station, Madurai, and should not enter in Thanjavur District. The petitioner is a practising advocate, who belong to SC community and the case against the petitioner under the SC / ST Act is not made out. Since the petitioner has to stay at Madurai, he was not able to attend the Court work at Kumbakonam and prayed the condition to be relaxed.

3.On the side of the prosecution, it is stated that the petitioner is complying with the condition from 11.12.2021 onwards. It is further stated that the situation in the occurrence area is peaceful.

4. Considering the submissions made by both the parties, this Court is inclined to modify the condition. Hence, the condition imposed by this Court in Crl.A.(MD)No.473 of 2021, dated 24.11.2021, is modified to the effect that the petitioner shall report before the Inspector of Police, Kumbakonam Town Police Station, Kumbakonam, once in a week ie. evey Monday at 10.30 a.m., pending disposal of the appeal. This petition is allowed accordingly.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.THE I ADDITIONAL DISTRICT COURT & SESSIONS JUDGE(PCR),THANJAVUR 2.THE ADDITIONAL SESSIONS JUDGE(PCR),MADURAI. 3.THE DEPUTY SUPERINTENDENT OF POLICE PAPANASAM DIVISION THANJAVUR DISTRICT.

4.THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION THANJAVUR DISTRICT. 5.THE INSPECTOR OF POLICE, KUMBAKONAM TOWN POLICE STATION,KUMBAKONAM 6.THE OFFICER IN CHARGE, SUB JAIL,PUDUKOTTAI.

7.THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED:23/12/2021 ========================= RELAXATION ======================== CRL MP(MD)No.11851 of 2021 IN CRL A(MD)NO.473 OF 2021 Giving direction and etc.

as stated within.

MGJ(31.12.2021) 3P 9C