Madras High CourtCRL OP(MD)/10530/2023disposed of

Bharathi v. The Deputy Superintendent Of Police

2023-06-15Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Bharathi ... Petitioner/Accused Rank Not Known Vs.

1. The Deputy Superintendent of Police, Dindigul Police Station, Natham, Dindigul.

2. The Inspector of Police, Natham Police Station, Natham, Dindigul.

...Respondents 1 & 2/Complainants

3. Karuppaiya ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge, Special Court for Exclusive Trial of SC and ST Cases, Dindigul District, to consider the bail application for the petitioner on the same day in the event of surrender by the petitioner amd seek bail in Crime No.268 of 2023 on the file of the respondents Police Station.

For Petitioners : Mr. Arjun S For R1 and R2 : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor 1/4

O R D E R This petition has been filed to direct the learned Sessions Judge, Special Court for Exclusive Trial of SC and ST Cases, Dindigul District, to consider the bail application for the petitioner on the same day in the event of surrender by the petitioner amd seek bail in Crime No.268 of 2023 on the file of the respondents Police Station. 2.The petitioner is the accused persons in Crime No.268 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 294(b), 323, 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 submit that the petitioner has no previous cases.

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 Sessions Judge, Special Court for Exclusive 2/4

Trial of SC and ST Cases, Dindigul District, 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.

15.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The learned Sessions Judge, Special Court for Exclusive Trial of SC and ST Cases, Dindigul District.

2.The Deputy Superintendent of Police, Dindigul Police Station, Natham, Dindigul.

3.The Inspector of Police, Natham Police Station, Natham, Dindigul.

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

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