Madras High CourtCRL OP(MD)/7743/2023disposed of

Purusothaman v. The Deputy Superintendent Of Police

2023-04-25Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Purusothaman ... Petitioner Vs

1. The Deputy Superintendent Of Police, Paramakudi Sub Division, Ramanathapuram District..

2. The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District. (In Crime No.133/2023).

3. Gowtham ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the Special Court for SC/ST(Prevention of Atrocities Act) (*)Ramanathapuram to consider the surrender and anticipatory bail application filed by the petitioner in Crime No.133/2023 pending on the file of the 2nd respondent police. For Petitioner : (*)Mr.K.Rajiv Gandhi For R1 and R2 : Mr.B.Nambiselvan Additional Government Pleader

ORDER

This Criminal Original Petition had been filed for a direction to direct the learned Judge, Special Court for SC/ST (Prevention of Atrocities Act) (*)Ramanathapuram, to consider the petitioner's bail application, on the same day of surrender in Crime No. 133 of 2023, on the file of the second respondent police. 2.The petitioner is A3 in Crime No.133 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 294(b), 323, 506(1)IPC, r/w Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.B.Nambiselvan, learned Additional Government Pleader 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 Special Court for SC/ST(Prevention of Atrocities 1/3

Act) (*)Ramanathapuram, 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.

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

Sd/- Assistant Registrar(Records) (*)Corrected as per the order of this Court dated 28/04/2023 made in Sd/- Assistant Registrar(Records) // True Copy // 26/04/2023 Sub Assistant Registrar(CS) PNM To (*) To be substituted to the order already despatched on 26/04/2023 1.The Special Court for SC/ST(Prevention of Atrocities Act), Ramanathapuram.

2.The Special Court for SC/ST(Prevention of Atrocities Act), Theni.

3. The Deputy Superintendent Of Police, Paramakudi Sub Division, Ramanathapuram District..

4. The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District. (In Crime No.133/2023). 2/3

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

+1CC to Mr.R.Rajiv Gandhi, Advocate, SR.No. 7071(I) 25.04.2023 KB(26.04.2023) 3P 6C RD(16/06/2023) 3P 7C 3/3