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Madras High CourtCRL OP(MD)/18775/2024allowed

Arumugam v. The Deputy Superintendent Of Police

2024-10-29Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024 CORAM :

THE HON'BLE MR JUSTICE D. BHARATHA CHAKRAVARTHY Arumugam ... Petitioner/Petitioner Vs.

1.The Deputy Superintendent of Police, Kottaipattinam Division, Pudukkottai.

2.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

(Crime No.162 of 2024) 3.Muthukumar @ Tholkappiyan ... Respondents/Respondents PRAYER:- Criminal Original Petition filed under Section 483(i)(b) r/w. BNS, 2023 to modify the condition that "he should report before the respondent Police Station daily at 10.00 am and sign until further orders"imposed in Cr.M.P.No.558 of 2024 dated 22.10.2024 on the file of the Special Court for Trial of SC/ST Act Cases, Pudukkottai.

For Petitioner : Mr.A.Balaji For respondent : Mr.A.Albert James Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to modify the condition 1/3

imposed in Cr.M.P.No.558 of 2024, dated 22.10.2024 on the file of the Special Court for Trial of SC/ST Act Cases, Pudukkottai that "the petitioner should report before the respondent Police Station daily at 10.00 am and sign until further orders."

2. Heard both sides.

3. The petitioner is working in Abu Dhabi in an oil company and unless he leaves India by tomorrow, he will be losing his livelihood itself. Considering the nature of offence is under Section 296(b) BNS, 2023 and 3(1)(r) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, I am inclined to modify the condition as follows:

(i) Since the petitioner has complied with the condition for a period of seven working days, further compliance shall stand relaxed. (ii) the petitioner shall inform the Investigating Officer of his address and contact details in that country. As and when the case is charged and it is informed, the petitioner shall duly appear before the concerned Court for trial. 2/3

4. This Criminal Original Petition is ordered accordingly. sd/- 29/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To

1. THE SPECIAL JUDGE FOR TRIAL OF SC/ST ACT CASES, PUDUKKOTTAI. 2.THE DEPUTY SUPERINTENDENT OF POLICE, KOTTAIPATTINAM DIVISION, PUDUKKOTTAI.

3.THE INSPECTOR OF POLICE, MANAMELKUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.A.BALAJI Advocate SR.No.61666(F) DATED 29/10/2024

ORDER

IN CRL OP(MD) No.18775 of 2024 Date :29/10/2024 SS/VR/SAR- /23/11/2024/ 3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3