Patturaj v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Ninth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI CRL MP(MD). No.14170 of 2023 in CRL A(MD) No.657 of 2023 1.Patturaj 2.Mariappan @ Stalin 3.Kanagaraj 4.Murugan @ Balamurugan 5.Nagarajn ... Petitioners/Appellants Vs 1 State through the Deputy Superintendent Of Police Kovilpatti Sub Division Thoothukudi District.
2 The Inspector of Police Kayathar Police Station Thoothukudi District.
(Crime No.374/2022).
... Respondents 1 & 2/Respondent 3 Rajeshwari ... 3rd Respondent/Respondent
Prayer in CRL MP(MD). No.14170 of 2023 Criminal Miscellaneous Petition filed under section 14A(2) of SC & ST (POA) Amendment Act , 2015 r/w 482 of Cr.p.c to relax the condition imposed in Crl.A (MD)No.657/2023 dt.1/9/2023.
CRL A (MD)No.657 of 2023 Criminal Appeal filed under section 14A(2) of SC & ST (POA) Amendment Act , 2015 to call for the records relating to the impugned order passed in Crl.M.P.No. 697 of 2023 in S.C. No.02 of 2023 dated 26.07.2023 on the file of the Special Court for trial of Cases under ST/ST (POA) Act Thoothukudi (FAC), Thoothukudi district and set aside the same as illegal and arbitrary and enlarge the appellants/accused No.I to 5 in Crime No.374 of2022 on the file of the Respondent on bail by allowing the Appeal 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 Mr.V.Kathirvelu Senior Counsel for Mr.K.Prabhu Advocate for the Petitioner and of Mr.G.Manikandan Government Advocate (Crl side )for the 1st and 2nd Respondents and of Mr.A.Joseph Jerry Legal - Aid Counsel for the 3rd Respondent , this Court made the following order:
This petition has been filed to relax the condition imposed on the petitioners in Crl.A.(MD)No.657 of 2023 dated 01.09.2023.
2. The learned counsel for the petitioners submitted that the petitioners have been complying with the condition imposed by this court regularly.
3. The learned Government Advocate(Crl.Side) appearing for the respondent police submitted that the petitioners have been complying with the condition regularly except one day. He further submitted that the investigation have been completed and the final report has also been filed before the Special Court for trial of Cases under SC/ST (POA) Act, Thoothukudi and the same was taken on file in S.C.No.02 of 2023.
4. The learned counsel for the third respondent/defacto complainant has raised the formal objections.
5. Considering the fact that the investigation has been completed and the final report has also been filed before the Special Court for trial of Cases under SC/ST (POA) Act, Thoothukudi and the same was taken on file in S.C.No.02 of 2023, the
condition imposed by this court in Crl.A.(MD)No.657 of 2023 dated 01.09.2023 is fully relaxed and the petitioners shall appear before the concerned trial Court on receipt of summons.
Sd/- Assistant Registrar() // True Copy // /10/2023 Sub Assistant Registrar(CS) TO
1. The Special Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi, Thoothukudi District.
2. The Deputy Superintendent Of Police Kovilpatti Sub Division Thoothukudi District.
3. The Inspector of Police Kayathar Police Station Thoothukudi District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 09/10/2023 ==========================
ORDER
========================== CRL MP(MD). No.14170 of 2023 in CRL A(MD) No.657 of 2023 Giving direction and etc.
as stated within.
MGJ(18.10.2023) 5P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023