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Madras High CourtCRL OP(MD)/11319/2023disposed of

Venkateswari v. The Deputy Superintendent Of Police

2023-06-23Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11319 of 2023 Venkateswari ... Petitioner/Accused Rank Not Known Vs.

1. The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

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

3. Rajaboopathi

...Respondents /Complainants

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Judge for SC/ST (POA) Amendment Act 2015, Madurai to accept the surrender of the petitioner and consider her bail application for release of petitioner in crime No.116 of 2023 on the file of Sub Inspector of Police, Parthibanoor Police Station, Ramanathapuram.

For Petitioners : Mr.Appadurai K 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 Special Judge for SC/ST (POA) Amendment Act 2015, Madurai to accept the surrender of the petitioner and consider her bail application for release of petitioner in crime No.116 of 2023 on the file of Sub Inspector of Police, Parthibanoor Police Station, Ramanathapuram.

2.The petitioner is the accused persons in Crime No.116 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 355, 506(ii) of IPC and Sections 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 injured has been discharged from the hospital. 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 Special Judge for SC/ST (POA) Amendment 2/4

Act 2015, Madurai, 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.

23.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The learned Special Judge for SC/ST (POA) Amendment Act 2015, Madurai.

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

3.The Sub Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

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

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