Madras High CourtCRL OP(MD)/6753/2023disposed of

K.Anbalagan 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 K.Anbalgan

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

2.The Inspector of Police, Nagudi Police Station, Pudukkottai District.

3.Pandimeena .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act, 1989, Pudukkottai to pass order on the bail petition filed by the petitioner on the same day of surrender in Crime No.46 of 2023 on the file of the Inspector of Police, Nagudi Police Station, Pudukkottai District. 1/5

For Petitioner : Mr.Mohamedhasim For Respondents 1 and 2 : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed to to direct the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act, 1989, Pudukkottai to pass order on the bail petition filed by the petitioner on the same day of surrender in Crime No.46 of 2023 on the file of the Inspector of Police, Nagudi Police Station, Pudukkottai District.

2.The petitioner is the accused person in Crime No.26 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 506(i) IPC and Section 3(1)(r), 3(s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003.

3.Mr.B.Nambiselvam, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would further submitted 2/5

that no previous case is pending against the petitioner. 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 learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act, 1989, Pudukkottai, 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 their 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 petitioners while passing orders on merits. 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 Inspector of Police, Chinthamanipatty Police Station, Karur District.

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

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