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Madras High CourtCRL OP(MD)/7190/2023disposed of

Vignesh v. The Deputy Superintendent Of Police

2023-04-19Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Vignesh 2.Appu @ Mohanraj 3.Arun Kumar ... Petitioners/Accused Nos.1 to 3 Vs.

1.The Deputy Superintendent of Police, Alangudi Circle, Pudukkottai District.

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

(Crime No.82 of 2023)

...Respondents 1 & 2/Complainants 1& 2

3.Nathiya ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocites) Act, 1989, Pudukkottai, to accept the surrender of the petitioners/accused Nos.1 to 3 and consider the petitioners' bail application on the date of surrender itself in Crime No.82 1/5

of 2023 dated 10.04.2023 on the file of the second respondent Police. For Petitioners : Mr.K.C.Maniyarasu For Respondents : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor O R D E R This petition has been filed to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocites) Act, 1989, Pudukkottai, to accept the surrender of the petitioners/accused Nos.1 to 3 and consider the petitioners' bail application on the date of surrender itself in Crime No.82 of 2023 dated 11.04.2023 on the file of the second respondent Police.

2.The petitioners are the accused persons in Crime No.82 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 323, 354, 427, 448, 506(i) of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submitted that the allegation made against the petitioners is that they have torned 2/5

the dress of the defacto complainant at that time of quarrel.

4. Considering the submission of the learned Additional Public Prosecutor, the allegation made against the petitioners may be taken care by the special Court at that time of considering the bail application of the petitioners.

5.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocites) 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 petitioners 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.

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

19.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Special Court for SC/ST(Prevention of Atrocities) Act, 1989, Pudukkottai.

2.The Deputy Superintendent of Police, Alangudi Circle, Pudukkottai District.

3.The Inspector of Police, Alangudi Police Station, Alangudi, Pudukkottai District.

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

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G.ILANGOVAN. J.

Indu 19.04.2023 5/5