Madras High CourtCRL OP(MD)/6712/2023disposed of

Kumarasan v. The Deputy Superintendent Of Police

2023-04-24Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Kumarasan ... Petitioner/Sole accused Vs.

1.The Deputy Superintendent of Police, o/o. Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District. ... 1st Respondent/Complainant 2.State, represented by The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

Crime No.34 of 2018 ... 2nd Respondent/ Complainant

3. Muniyandi ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram District, to accept the surrender of the petitioner and consider the petitioner bail application and grant bail on the date of surrender itself in Crime No.34 1/5

of 2023 on the file of the 2nd respondent.

For Petitioner : Mr.B.Arun For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side)

ORDER

This petition has been filed to direct the learned Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram District, to accept the surrender of the petitioner and consider the petitioner bail application and grant bail on the date of surrender itself in Crime No.34 of 2023 on the file of the 2nd respondent.

2.The petitioner is the accused persons in Crime No.34 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 324, 506(i) of IPC and Section 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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3.Mr.R.Suresh Kumar, learned Government Advocate (Crl.side), accepts notice for the respondents 1 and 2. He would further submit that injured has been discharged from the hospital and the petitioner is having no previous cases.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram District, 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.

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

24.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To

1. The Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram District.

2.The Deputy Superintendent of Police, o/o. Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

3. The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

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

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G.ILANGOVAN. J.

Indu Order made in Dated: 24.04.2023 5/5