Petitioner sought relaxation of bail conditions in a criminal appeal. Finding that investigation was complete and the petitioner had complied with conditions, the court relaxed the requirement to appear only on receipt of summons. Petition allowed.
Relaxed bail condition; petitioner to appear before police only on receipt of summons.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Friday, the Twenty Fourth day of November Two Thousand and Seventeen
PRESENT
The Hon`ble Mr.Justice A.M.BASHEER AHAMED
CRL MP(MD) No.10230 of 2017 IN CRL A(MD) No.352 of 2017
MARIAPPAN ... PETITIONER/PETITIONER
Vs
STATE REP.BY THE SUB-INSPECTOR OF POLICE, PATHAMADAI POLICE STATION, PATHAMADAI, TIRUNELVELI DISTRICT. (CRIME NO.105 OF 2017) ... RESPONDENT/RESPONDENT
Prayer in CRL MP(MD). 10230/ 2017 :
To relax the condition imposed upon the petitioner in Crl.A.(MD)No.352 of 2017 dated 05.09.2017.
Prayer in CRL A(MD). 352/ 2017 :
The Crl.Appeal is filed under Section 14A(2) of SC/ST(POA)Act, 1989 as amended by Act 1 of 2016 praying to call for the records relating to the order dated 23.08.2017 in Cr.M.P.No.2163 of 2017 on the file of the II Additional District and Session Judge, Tirunelveli and to setaside the same and enlarge the appellant on bail in connection with Crime No.105 of 2017 on the file of the respondent police by allowing this Criminal Appeal.
ORDER:
This Criminal Miscellaneous Petition is coming on for orders on this day and upon perusing the petition in support thereof and upon hearing the arguments of Mr.S.S.THESIGAN, Advocate for the petitioner and of Mr.C.MAYILVAHANA RAJENDRAN, Additional Public Prosecutor, appearing for Respondent, the Court made the following Order:
The learned counsel for the petitioner is present.
2.A report, dated 20.11.2017 received from the learned II Additional District Judge, Tirunelveli, reveals the fact that the petitioner was observing the condition regularly from 12.09.2017 to till date ie., 20.11.2017.
3.The learned Additional Public Prosecutor appearing for the respondent Police submitted that investigation has been completed and
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charge sheet is not yet filed.
Sd/-
Assistant Registrar(T & P)
Sub Assistant Registrar
TO
1.THE II ADDITIONAL DISTRICT
2.THE SUB-INSPECTOR OF POLICE, PATHAMADAI POLICE STATION, PATHAMADAI, TIRUNELVELI DISTRICT.
3.THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
GNS/VSA
JS/RSK/SAR.3/11.12.2017/2P-4C
ORDER DATED:24/11/2017
ORDER
CRL MP(MD) No.10230 of 2017
IN
CRL A(MD) No.352 of 2017
1 issue framed by the court
Whether the bail conditions imposed in the underlying criminal appeal may be relaxed given the compliance with existing orders and completion of investigation.
MARIAPPAN
STATE REP.BY THE SUB-INSPECTOR OF POLICE, PATHAMADAI POLICE STATION, PATHAMADAI, TIRUNELVELI DISTRICT.
A.M.BASHEER AHAMED
As recorded by the court registry
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