Madras High CourtCRL OP(MD)/10579/2023disposed of

Mageshvari 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 Mageshvari ... Petitioner/Sole Accused Vs.

1. The Deputy Superintendent of Police, DSP Office, Ramanathapuram District.

2.State, represented by The Sub Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

Crime No.19 of 2023.

...Respondents 1 & 2/Complainants

3. Rajendran ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to accept the surrender of the petitioner before the Special Court for SC/ST (PoA) Act (i.e.) the Special Additional District and Sessions Judge at Ramanathapuram, in Connection with the Crime No.19 of 2023 on the file of the second respondent police and to consider the bail application filed by the petitioner on the same day. For Petitioners : Mr. Mathan Kumar M 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 accept the surrender of the petitioner before the Special Court for SC/ST (PoA) Act (i.e.) the Special Additional District and Sessions Judge at Ramanathapuram, in Connection with the Crime No.19 of 2023 on the file of the second respondent police and to consider the bail application filed by the petitioner on the same day.

2.The petitioner is the accused persons in Crime No.19 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323 of IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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 :- 2/4

1)The petitioner shall appear before the learned Special Additional District and Sessions Judge at 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.

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

G.ILANGOVAN. J.

Indu To 1.The Special Additional District and Sessions Court, Ramanathapuram, 2.The Deputy Superintendent of Police, DSP Office, Ramanathapuram District.

3.The Sub Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

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

15.06.2023 4/4