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Madras High CourtCRL OP(MD)/10747/2021disposed of

Muthu v. The Deputy Superintendent Of Police

2021-08-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10747 of 2021 Muthu ... Petitioner/Accused (Rank not known) Vs.

1.The Deputy Superintendent of Police (PEW), Vedasandur, 2.The Inspector of Police, Vedasandur Police Station, Cr.No.141 of 2021.

... Respondents/Complainant 3.Sumathi ... 3rd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Judge, Special Court for the Exclusive trial of SC and ST Cases, Dindigul, to consider the bail application filed by the petitioner herein and pass orders on the same day, in the event of his surrender before the said Court in connection with the case in Crime No.141 of 2021, on the file of the second respondent.

For Petitioner : Mr.N.Sathish Babu For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned Judge, Special Court for the Exclusive trial of SC and ST Cases, Dindigul, to consider the bail application filed by the petitioner herein and pass orders on the same day, in the event of his surrender before the said Court in connection with the case in Crime No.141 of 2021, on the file of the second respondent.

2. The petitioner is the accused in Crime No.141 of 2021, on the file of the second respondent for the offences punishable under Sections 294(b), 506(ii) I.P.C and Section 3 of Tamilnadu Prohibition of Charging Exorbitant Interest Act, 2003 r/w Sections 3(1)(r), 3(1)(s) of SC/ST (POA) Amendment Act 2015. 1/3

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that no previous case is pending against the petitioner and there is no injury to anyone.

4. Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Additional Public Prosecutor, this Court is inclined to allow the petition, as per the following conditions:- 1)The petitioner shall appear before the learned Judge, Special Court for the Exclusive trial of SC and ST Cases, Dindigul, 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 applications 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 15

(5) of the Act.

5. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Special Court for the Exclusive trial of SC and ST Cases, Dindigul.

2.The Deputy Superintendent of Police (PEW), Vedasandur, 2/3

3.The Inspector of Police, Vedasandur Police Station, Cr.No.141 of 2021.

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

Crl.O.P.(MD)No.10747 of 2021 06.08.2021 CN(13.08.2021) 3P 5C 3/3