Madras High CourtCRL OP(MD)/1562/2024disposed of

Pazhanivel v. The Deputy Superintendent Of Police

2024-02-02Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1562 of 2024 Pazhanivel

...Petitioner

vs 1.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2.The Sub Inspector of Police, Karambakkudi Police Station, Pudukkottai District, Crime No.383 of 2023 3.Kanagaraj

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act, 1989), Pudukkottai to accept the surrender of the Petitioner/sole accused and consider the petitioner bail application and grant bail on the same day of surrender itself in connection with Crime No.383 of 2023 dated 30.12.2023 on the file of the Respondent police.

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For Petitioner : Mr.P.Pandia Rajan For R1 and R2 : Mr.M.Veeeranthiran Government Advocate (Crl.side)

O R D E R

The learned Counsel for the Petitioner submits that this Criminal Original Petition has been filed to direct the Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act, 1989), Pudukkottai, to consider the Petitioner's bail application on the same day of surrender in Crime No.383 of 2023 on the file of the 2nd Respondent. 2.The learned Government Advocate (Crl.side), on instructions, would submit that the third Respondent/defacto Complainant was standing in front of the Kanagaraj Saw Mill, when the Petitioner and his wife are alleged to have attacked him with wooden log. The defacto complainant suffered injuries and was treated in the hospital for 3 days as in-patient. 3.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of with the following conditions:- 2/5

i) The Petitioner is directed to surrender before the Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act, 1989), Pudukkottai, within 15 days from the date of receipt of a copy of this order or from the date of uploading the copy of this order in the official web-site of this Court.

ii) On such surrender by the Petitioner, the Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai, shall consider the bail application of the Petitioner and dispose of the same as per the provisions of SC/ST (Prevention of Atrocities) Act, 1989, after issuing notice to the victim of crime/complainant and hearing the objections of the victim of the crime.

Internet:Yes./No 02.02.2024 Index:Yes/No mm To 1.The Judge, Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act, 1989), Pudukkottai. 3/5

2.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

3.The Sub Inspector of Police, Karambakkudi Police Station, Pudukkottai District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.1562 of 2024 02.02.2024 5/5