Madras High CourtCRL OP(MD)/7388/2023disposed of

Pugazhendhi v. The Deputy Superintendent Of Police

2023-04-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Pugazhendhi ... Petitioner/Accused No.4 Vs.

1.The Deputy Superintendent of Police, Paramakudi Circle, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.133 of 2023) ....Respondents No.1 & 2 / Complainant 3.Gowtham ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for Exclusive Trial of SC & ST Cases, Ramanathapuram to consider the surrender and bail application filed by the petitioner in Crime No.133 of 2023 pending on the file of the respondent Police on the same day.

For petitioner : Mr.Balakumar.D 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 Exclusive Trial of SC & ST Cases, Ramanathapuram to consider the surrender and bail application filed by the petitioner in Crime No.133 of 2023 pending on the file of the respondent Police on the same day. 2.The petitioner are the accused persons in Crime No.133 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 294(b), 323, 506(i) of IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2.

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 District and Sessions Judge, Special Court for Exclusive Trial of case under SC/ST(POA) Act, Ramanathapuram, within a period of 15 2/4

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.

21.04.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The District and Sessions Judge, Special Court for Exclusive Trial of case under SC/ST(POA) Act, Ramanathapuram 2.The Deputy Superintendent of Police, Paramakudi Circle, Ramanathapuram District.

3.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.133 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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