Madasamy v. The Deputy Superintendent of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Tuesday, the Twentieth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL.A (MD) 232 of 2023 Madasamy ... Petitioner/Appellant

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). 3 Rajeshwari ... Respondents/Respondents Prayer in CRL MP(MD). No.8685 of 2023:- Criminal Miscellaneous petition filed under section 439(1)

(b) of cr.p.c To relax the condition imposed in Crl.A(MD)No.232 of 2023 dated 31.03.2023 and to render justice. Prayer in CRL.A(MD)No.232 of 2023:- Criminal Appeal is 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.50 of 2023 dated 19.01.2023 on the file of the Special Court for trial of Cases under SC/ST (POA) Act, Thoothukudi (FAC), Thoothukudi District and set aside the same as illegal an arbitrary and enlarge the appellant/accused No.4 in Crime No.374 of 2022 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.K.PRABHU, Advocate for the Petitioner and of Mr.A.Albert James Government Advocate (Crl side ) for the 1st & 2nd Respondents this Court made the following order: This petition has been filed to relax the condition imposed against the petitioner in Crl.A(MD)No.232 /2022, dated 31.03.2023.

2.The learned counsel for the petitioner would submit that the petitioner is complying with the condition till today, without fail.

¶3The above submission is admitted by the learned Government Advocate (Crl.Side) appearing for the respondent Police.

¶4Since the petitioner is complying with the condition without fail and there are no adverse remarks as against the petitioner, the condition is fully relaxed.

5.The petition is ordered accordingly. Sd/- Assistant Registrar (CS-I) // True Copy // /06/2023 Sub Assistant Registrar(CS) das

TO

1.The Sessions Judge, Special Court for trial of Cases under SC/ST(POA) ACT, Thoothukudi (FAC), Thoothukudi District.

2.The Superintendent, Central Prison, Palayamkottai.

¶3The Deputy Superintendent Of Police Kovilpatti Sub Division Thoothukudi District.

¶4The Inspector of Police Kayathar Police Station Thoothukudi District. (Crime No.374/2022).

¶5The Inspector of Police, Cantonment Police Station, Trichy.

¶6The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) CRLeMP(MD).eNo.8685eofe2023 +1. CC to M/S.K.PRABHU, Advocate SR.No.9257(I) ORDER DATED : 20/06/2023 ========================== ORDER ========================== in CRL A(MD)No.232 of 2023 Giving direction and etc. as stated within. RD (27/06/2023) 3P 10C