Madras High CourtCRL OP(MD)/11168/2023disposed of

Poovalingam @ Valarasu v. The Deputy Superintendent Of Police

2023-06-22Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Poovalingam @ Valarasu 2.Thangapandi 3.Rasu @ Raj Nayakkar 4.Theivendran ... Petitioners/Accused Nos.1 to 4 Vs.

1.The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

2.The Sub-Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

... Respondents/Complainants 3.Arun ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act cases) to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.121 of 2023 on the file of the 2nd respondent police.

1/5

For Petitioners : Mr.M.Jothi Basu For Respondents : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor O R D E R This petition has been filed seeking direction to the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act cases), to accept the surrender of the Petitioners in connection with Crime No.121/2023 on the file of the 2nd Respondent Police on the same day of filing and to consider the Anticipatory Bail/ Bail petition filed by the petitioners on the same day of filing in accordance with law. 2.The petitioners are the accused persons in Crime No.121 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 336, 506(i), 109 of IPC and under Sections 3(1)(r), 3(1) (s) & 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 injured person in this case has been discharged from the hospital and the 2/5

petitioners are having no previous cases pending against them. 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 Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act cases), 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.

22.06.2023 Index : Yes/No Internet : Yes/No TM To 1.The Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act cases). 3/5

2.The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

3.The Sub-Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

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

4/5

G.ILANGOVAN. J.

TM 22.06.2023 5/5