Madras High CourtCRL OP(MD)/10574/2023disposed of

Mariammal 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

1. Mariammal

2. Mareeswaran ... Petitioners/Accused Nos.1 & 2 Vs.

1. State, represented through The Deputy Superintendent of Police, Sattur Sub Division, Virudhunagar District.

2. The Sub Inspector of Police, Ammapatti Police Station, Virudhunagar District.

Crime No.18 of 2023.

...Respondents 1 & 2/Complainant

3. Kaliappan ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court under the SC/ST Act (POA),Srivilliputhur, Virudhunagar District, to consider the bail application of the Petitioners on the same day of surrender in Crime No.18 of 2023 on the file of the 2nd Respondent Police. For Petitioners : Mr.Prabu 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 direct the Special Court under the SC/ST Act (POA),Srivilliputhur, Virudhunagar District, to consider the bail application of the Petitioners on the same day of surrender in Crime No.18 of 2023 on the file of the 2nd Respondent Police. 2.The petitioners are the accused persons in Crime No.18 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 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 petitioners have no previous cases.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned Sessions Judge, Special Court under the SC/ST Act (POA), Srivilliputhur, 2/4

Virudhunagar 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 petitioners 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 Court under the SC/ST Act (POA), Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Sattur Sub Division, Virudhunagar District.

3. The Sub Inspector of Police, Ammapatti Police Station, Virudhunagar District.

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

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