Madras High CourtCRL OP(MD)/6870/2023disposed of

V.Manickam v. The Superintendent Of Police

2023-04-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN V.Manickam ... Petitioner/Accused No.1 Vs.

1.The State represented by The Deputy Superintendent of Police, Sivagangai Sub Division, Sivagangai District.

2.The Inspector of Police, Nachiyapuram Police Station, Sivagangai District.

(Crime No.26 of 2023) ... 1st and 2nd Respondents/Complainants 3.Jegan ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for SC/ST (Prevention of Atrocities) Act, Sivagangai, to accept the surrender of the Petitioner in connection with the Crime No.26 of 2023 on the file of the 2nd respondent police and to consider the petitioner's bail application on the same day. For Petitioner : Mr.R.Chandrasekar For Respondents : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor 1/4

O R D E R This petition has been filed to direct the Special Court for SC/ST (Prevention of Atrocities) Act, Sivagangai, to accept the surrender of the Petitioner in connection with the Crime No.26 of 2023 on the file of the 2nd respondent police and to consider the petitioner's bail application on the same day.

2.The petitioner is the accused persons in Crime No.26 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 447, 294(b), 323, 355, 506(i) of IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submit that the injured person is absconded from the hospital, without intimation. 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 Special Court for SC/ST (Prevention of 2/4

Atrocities) Act, Sivagangai, 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.

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

13.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Special Court for SC/ST(Prevention of Atrocities Act), Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai Sub Division, Sivagangai District.

3.The Inspector of Police, Nachiyapuram Police Station, Sivagangai District.

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

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