Thamilselvan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Thamilselvan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Melur Circle, Madurai District.

2.The Inspector of Police Melur Police Station, Melur, Madurai District.

Crime No.168 of 2024.

3. Chithra ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) cases IIIrd Additional District Sessions Judge (PCR Court) Madurai, to accept the surrender of the petitioner /Accused and consider the petitioner's bail application and grant bail on the same date of surrender itself in Crime No.168 of 2024 on the file of the respondent police.

For Petitioner : Mr.S.Nedumaran For R1 &2 : Mr.T.Senthil Kumar Additional Public Prosecutor 1/4

O R D E R

The petitioner has filed this Petition to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) cases IIIrd Additional District Sessions Judge (PCR Court) Madurai, to consider the bail application of the petitioner in Crime No.168 of 2024 on the file of the respondent police on the date of surrender itself.

2. The case of the prosecution is that on 19.03.2024, at about 6.30 a.m., the defacto complainant, who is a Village Administrative Officer, got an information through villager that there was a male dead body was found near Neelikanmai at Kuvanjanpatti and hence, the defacto complainant went to the spot and visited the dead body and thereafter, she lodged a complaint. Based on the complaint of the defacto complainant, a case in Crime No.168 of 2024 for the offences under Section 174 Cr.P.C and thereafter altered into Sections 147, 294(b), 342, 302 I.P.C r/w. Sections 3(1) (r), 3(1)(s) and 3(2)(v) of SC/ST (POA) Act was registered against the petitioner.

3. This Court considered the rival submissions made. 2/4

4. Considering the nature of offence and the allegations levelled against the petitioners, this Court is not inclined to allow this Petition. Hence, this Criminal Original Petition is dismissed. 08.04.2024 Index : Yes/No Internet:Yes NCC : Yes/No LS To 1.The Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) cases IIIrd Additional District Sessions Judge (PCR Court) Madurai.

2.The Deputy Superintendent of Police, Melur Circle, Madurai District.

3.The Inspector of Police Melur Police Station, Melur, Madurai District.

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

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B.PUGALENDHI,J LS Order made in 08.04.2024 4/4