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Madras High CourtCRL OP(MD)/6718/2023disposed of

Seenivasan v. The Deputy Superintendent Of Police

2023-04-12Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6718 of 2023 Seenivasan

...Petitioner

Vs.

1. State rep. by The Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

2.The Sub Inspector of Police, Periyakulam Police Station, Theni District.

(Crime No.100 of 2023) 3.Velusamy

...Respondents

PRAYER: This Criminal Petition is filed U/s.482 Cr.P.C to direct the Special Court for under the SC/ST Act (POA), Theni District to consider the bail application of the Petitioner in connection with Crime No. 100 of 2023, on the file of the 2nd respondent on merits on the same day For Petitioner : Mr.V. Muthukamatchi For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor 1/5

ORDER

This petition has been filed to direct the Special Court for under the SC/ST Act (POA), Theni District to consider the bail application of the Petitioner in connection with Crime No. 100 of 2023, on the file of the 2nd respondent on merits on the same day. 2.The petitioner is the accused person in Crime No.100 of 2023 on the file of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC r/w. Sections 3(1)(r), 3(1) (s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 3.Mr.B. Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondents. He submitted that no previous case is pending against the petitioner and the injured person has been discharged from the hospital.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/5

1) The petitioner shall appear before the Special Court for under the SC/ST Act (POA), Theni 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 her surrender, after hearing the defacto complainant by complying with Section 15A(5) of the Act.

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

12.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp 3/5

To

1. The Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

2.The Sub Inspector of Police, Periyakulam Police Station, Theni District.

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

4/5

G.ILANGOVAN,J trp Order made in Dated : 12.04.2023 5/5