Madras High CourtCRL OP(MD)/6247/2023disposed of

Rajaguru v. The Deputy Superintendent Of Police

2023-04-03Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Rajaguru ... Petitioner/Accused No.6 Vs.

1.The State rep. by The Deputy Superintendent of Police, DSP Office, Thiruvaiyaru Sangam, Thanjavur District.

2.The Inspector of Police, Sengipatti Police Station, Thanjavur District.

Crime No.63 of 2023.

... 1st & 2nd Respondents/Complainants 3.Selvamani ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act (i.e.,) First Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.63 of 2023 on the file of the 2nd respondent police and to consider and dispose the bail application filed by the petitioner on the 1/5

same day on merits.

For Petitioner : Ms.A.Banumathy For Respondents : Mr.B.Nambiselvam for R1 & R2 Additional Public Prosecutor O R D E R This petition has been filed to direct the learned I Additional District and Sessions Judge Special Court for SC/ST (Prevention of Atrocities) Act at Thanjavur, to accept the surrender of the Petitioner and consider the bail application on the date of his surrender in connection with Crime No. 63 of 2023 on the file of the 2nd respondent Police. 2.The Petitioner are the accused persons in Crime No.63 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 148, 341, 294(b), 324, 355, 506(ii) of IPC and Section 3(1) (r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.B.Nambiselvam, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2.

4.The earlier application was dismissed on the ground that this 2/5

petitioner is having previous cases. But, however, the above said decision has been clarified by the learned Additional Public Prosecutor and submitted that no previous case is pending against this petitioner. 5.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The Petitioner shall appear before the learned I Additional District and Sessions Judge Special Court for SC/ST (Prevention of Atrocities) Act at Thanjavur, within a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the Petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act. The trial Court shall taken into consider the previous antecedents of the Petitioner while passing orders on merits. 3/5

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

03.04.2023 Index : Yes/No Internet : Yes/No TM To 1.The I Additional District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, at Thanjavur 2.The Deputy Superintendent of Police, DSP Office, Thiruvaiyaru Sangam, Thanjavur District.

3.The Inspector of Police, Sengipatti Police Station, Thanjavur District.

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

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G.ILANGOVAN. J.

TM 03.04.2023 5/5