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Madras High CourtCRL OP(MD)/10963/2023disposed of

Siva v. The Deputy Superintendent Of Police

2023-06-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.10963 of 2023 Siva ... Petitioner/Accused No.2 Vs.

1.The State, represented by The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

Crime No.5 of 2023.

...Respondents 1 & 2/Complainants

3. Karmegam ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Sessions Judge (For Trial Under SC/ST POA) Ramanathapuram District to consider the bail application of the petitioner on the same day of his surrender itself in Crime No.5 of 2023 on the file of second respondent Police. For Petitioners : Mr.Subramanian A For R1 and R2 : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

O R D E R This petition has been filed to direct the learned Special Sessions Judge (For Trial Under SC/ST POA) Ramanathapuram District, to consider the bail application of the petitioner on the same day of his surrender itself in Crime No.5 of 2023 on the file of second respondent Police.

2.The petitioner is the accused persons in Crime No.5 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 324 of IPC @ 294(b), 324 IPC and Sections 3(1)(r), 3(1)(s) 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 involved in two previous cases, which are not similar in nature.

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 Sessions Judge (For Trial Under SC/ST POA) Ramanathapuram 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.

3) The learned Special Sessions Judge (For Trial Under SC/ST POA) Ramanathapuram District, is directed to take into consideration of the previous cases registered against the petitioner, at that time of considering the petitioner's bail application.

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

20.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The learned Special Sessions Judge (For Trial Under SC/ST POA) Ramanathapuram District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

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