Madras High CourtCRL MP(MD)/15052/2023ordered

Harish @ Hariharan v. The Deputy Superintendent Of Police

2023-10-20Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Twentieth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in Crl.A(MD)No.247 of 2023

1. Harish @ Hariharan,

2. Vicky @ Jeganathan ... Petitioners/Accused No.3 & 5.

Vs 1 The Deputy Superintendent Of Police, Theni Sub Division, Theni District.

Crime No.04/2023.

2 The Inspector of Police Allinagaram Police Station, Theni District.

Crime No.4/2023.

..Respondents/Complainants 3 Muthulakshmi ..3rd Respondent/Defacto Complainant 4 Alaguraja ... 4th Respondent/Victim Prayer :- Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C. to relax the condition imposed by this Honble Court in Crl A(MD) No.247/2023 order dt.12.04.2023 on the file of this Honble Court. 1/4

Prayer in Crl.A(MD)No.247 of 2023:- Criminal Appeal is filed under Section 14(A)(2) of the Schedule Castes and Tribes Prevention of Atrocities Act, 2015 as Amended by Act 1 of 2016, to call for the records pertaining to the order passed in Cr.M.P.No.377 of 2023 dated 14.03.2023 on the file of the learned Special Court for exclusive trial of cases under SC/ST Act (POA Act), Theni District and set aside the same as illegal and enlarge the appellants 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 M/s. I. Sriharisuriya, Advocate for the Petitioners and of Mr. G. Manikandan, Government Advocate for the 1st and 2nd respondents, this Court made the following order:

This petition has been filed to relax the condition imposed against the petitioners in Crl.A.(MD)No.247 of 2023 dated 12.04.2023.

2. The learned counsel appearing for the petitioners submitted that the petitioners have been complied with the condition imposed by this Court from 15.04.2023 to 28.09.2023 for five months.

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 submitted that the petitioners have been complied with the condition for five months. He further submitted that investigation is pending. 2/4

4. Since the petitioners are complied with the condition for five months without fail, the condition imposed by this Court in Crl.A.(MD)No.247 of 2023 dated 12.04.2023 is fully relaxed and the petitioners shall appear before the concerned trial Court on receipt of summons. Accordingly, this Criminal Miscellaneous Petition is ordered.

Sd/- Assistant Registrar (CS-III) // True Copy // /11/2023 Sub Assistant Registrar(CS) csm TO

1. The Sessions Judge, Special Court for exclusive trial of cases under SC/ST Act (POA Act), Theni District.

2. The Deputy Superintendent of Police, Theni Sub Division, Theni District.

3. The Inspector of Police Allinagaram Police Station, Theni District.

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

3/4

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 20/10/2023 ==========================

ORDER

========================== in Crl.A(MD)No.247 of 2023 Giving direction and etc.

as stated within.

RD(01/11/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4