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Madras High CourtCRL MP(MD)/15182/2022relaxed

Nambi v. The Deputy Superintendent Of Police

2022-12-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Tuesday, the Sixth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL A(MD)No.427 of 2022 Nambi ... Petitioner/Appellant Vs 1.The Deputy Superintendent of Police, Srivaikundam Sub Division, Srivaikundam Police Station, Crime No.160 of 2022.

... Respondent/Respondent 2.Malliga ... 2nd Respondent/Defacto Complainant Prayer in Crl.MP(MD)No.15182 of 2022 :- Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., to relax the conditions imposed on the petitioner in Crl.A(MD)No.427 of 2022 dated 29.07.2022.

Prayer in Crl.A(MD)No.427 of 2022:- Criminal Appeal is filed under Section 14(A)(2) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, to call for the records relating to the Crl.M.P.No.1118 of 2022 dated 28.06.2022 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST(POA)Act, Thoothukudi and set aside the same and grant bail to the appellant.

ORDER:- This Criminal Miscellaneous 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.A.S.Vaigunth, Advocate for the Petitioner and of Mr.R.Suresh Kumar, Government Advocate for the 1st Respondent, this Court made the following order:- "This petition has been filed to relax the condition imposed on the petitioner in Crl.A(MD)No.427 of 2022 dated 29.07.2022. 2.The learned counsel for the petitioner submitted that the 1/3

petitioner has been complying with the condition imposed by this court regularly.

3.The learned Additional Public Prosecutor (Crl.Side) submitted that the investigation in Crime No.160 of 2022 has been completed and final report has been filed before the Special Court for SC/ST (POA) Act, Thoothukudi and the same was taken cognizance in S.C.No.37 of 2022. Further, that the petitioner has been complying with the condition regularly.

4.Considering the nature of offence, the condition imposed by this Court in Crl.A(MD)No.427 of 2022 is fully relaxed and the petitioner shall appear before the concerned Court on receipt of summons."

Sd/- Assistant Registrar (CS-III) // True Copy // /12/2022 Sub Assistant Registrar(CS) indu TO 1.The Sessions Judge, Special Court for Trial of Cases under SC/ST (POA)Act, Thoothukudi.

2.The Judicial Magistrate No.I, Srivaikundam, Thoothukudi District.

3.The Deputy Superintendent of Police, Srivaikundam Sub Division, Srivaikundam Police Station.

4.The Inspector of Police, Cantonment Police Station, Trichy.

5.The Superintendent, District Jail, Perurrani, Thoothukudi.

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

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ORDER DATED : 06/12/2022 ==========================

ORDER

========================== in CRL A(MD)No.427 of 2022 Giving direction and etc.

as stated within.

AMS(13.12.2022) 3P 7C 3/3