Madras High CourtCRL OP(MD)/1101/2023dismissed

Arulraj v. The Deputy Superintendent Of Police

2023-01-20Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Arulraj ... Petitioner Vs.

1.The Deputy Superintendent of Police, Aranthangi Sub Division, Pudukottai District.

2.The Inspector of Police, Nagudi Police Station, Pudukottai District.

(Crime No.03 of 2023) 3.Balamurugan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, 1989, Pudukkottai to consider the petitioner's bail application on the same day of his surrender in Crime No.03 of 2023 on the file of the second respondent police.

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For Petitioner : Mr.S.C.Herold Singh For R1 & R2 : Mr.SS.Madhavan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, 1989, Pudukkottai to consider the petitioner's bail application on the same day of his surrender in Crime No.03 of 2023 on the file of the second respondent police.

2. The petitioner is an accused for the offences punishable under Sections 3(l)(za)(D) r/w 3(2)(va) of SC/ST (PoA) Act, 1989 in Crime No.3 of 2023, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

3. The case of the prosecution is that the petitioner and the other accused, who are running tea shops, were following dual tumbler system 2/4

in their tea shops in order to discriminate the scheduled caste people from the other caste people and that on 01.01.2023 at about 07.30 a.m., when the people belongs to the scheduled caste requested the petitioner for tea, he refused to give tea to them. Hence, the complaint.

4. Considering the seriousness and gravity of the offence alleged against the petitioner, this Court is not inclined to issue any direction.

5. In the result, this Criminal Original Petition stands dismissed. 20.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Deputy Superintendent of Police, Aranthangi Sub Division, Pudukottai District.

2.The Inspector of Police, Nagudi Police Station, Pudukottai District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 20.01.2023 4/4