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Madras High CourtCRL OP(MD)/3052/2024disposed of

Abdul Rahuman v. The Deputy Superintendent Of Police

2024-02-27Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Abdul Rahuman ... Petitioner/3rd Accused Vs.

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

...1st Respondent /Investigating Officer 2.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

(Crime No.529 of 2022) ...2nd Respondent/Complainant 3.Saravanan ...3rd Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Sessions Judge, Special Court for Exclusive Trial of SC / ST (POA) Act Cases, Pudukottai, to consider the Petitioner's bail application on the same day of his surrender in Spl.S.C.No.47 of 2023 on the file of the Special Court for the Exclusive Trial of SC/ST (POA) Act Cases, Pudukottai in Crime No.529 of 2022. 1/5

For Petitioner : Mr.T.Lenin Kumar For R-1 and R-2 : Mr.M.Veeranthiran Government Advocate (Criminal Side)

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner is arrayed as Accused No.3 in Spl.S.C.No.47 of 2023 and he had filed this Criminal Original Petition seeking direction against the learned Sessions Judge, Special Court for Exclusive Trial of SC / ST (POA) Act Cases, Pudukottai, to consider the bail application of the Petitioner on the day of his surrender in respect of Spl.S.C.No.47 of 2023. The learned Counsel for the Petitioner would further submit that the Petitioner had been issued with non bailable warrant and he is not aware of the case registered against him. Investigation was completed and final report laid before the Court concerned.

2. The learned Government Advocate (Criminal Side) on instructions of the Respondents 1 and 2 would submit that the Petitioner was shown as absconding accused and the charge sheet was filed before the Court concerned. 2/5

3. Considering the submissions of the learned Government Advocate (Criminal Side) and the learned Counsel for the Petitioner, this Court directs the Petitioner to surrender before the learned Sessions Judge, Special Court for Exclusive Trial of SC / ST (POA) Act Cases, Pudukottai 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.

4. On such surrender by the Petitioner and on filing an application for bail, the learned Sessions Judge, Special Court for Exclusive Trial of SC / ST (POA) Act Cases, Pudukottai, shall consider the bail application of the Petitioner, after issuing notice to the victim of crime / De-facto complainant and after hearing the objections of the victim of the crime, and shall pass appropriate orders as per law.

5. With the above said direction, this Criminal Original Petition is disposed of.

27.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The Special Court for Exclusive Trial of SC / ST (POA) Act Cases, Pudukottai.

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

3.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

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