Madras High CourtCRL OP(MD)/11847/2023disposed of

Muheshwaran @ Maheshwaran v. The Superintendent Of Police

2023-06-30Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Muheshwaran @ Maheshwaran ... Petitioner/Accused No.8 Vs.

1.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2.The Inspector of Police, Regunathapuram Police Station, Pudukkottai District.

(In Crime No.29 of 2023) ... Respondents 1 & 2 / Complainants 3.Mathivanan ... 3rd Respondent/Defacto Complainant 4.Mathivanan 5.Aravinthkumar 6.Santhosh 7.Thavakumar ... 4 to 7 Respondents/Victims PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court for SC/ST Act(PCR Cases) Pudukkottai, to consider the Bail application of the petitioner concerned in Crime No.29/2023 on the file of the Inspector of Police, Ragunathapuram Police Station, Pudukkottai District/the 2nd Respondent herein and pass orders in accordance with law on the same day on his 1/5

surrender if any petition filed by the petitioner. For petitioner : Mr.G.Kalidoss 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 Sessions Judge, Special Court for SC/ST Act (PCR Cases) Pudukkottai, to accept the surrender of the petitioner in connection with Crime No.29 of 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 petitioner on the same day of filing in accordance with law. 2.The petitioner are the accused persons in Crime No.29 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 294(b), 323, 324 & 506(2) 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 further submit that the injured in this case has been discharged from the hospital and there is 2/5

no previous antecedents against the petitioner. The petition against the co-accused in this case has already been considered by this Court in Crl.O.P.(MD).No.11352 of 2023.

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 Sessions Judge, Special Court for SC/ST Act(PCR Cases) Pudukkottai, 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 his 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.

30.06.2023 Index : Yes/No Internet : Yes/No TM 3/5

To 1.The Sessions Judge, Special Court for SC/ST Act(PCR Cases) Pudukkottai.

2.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

3.The Inspector of Police, Regunathapuram Police Station, Pudukkottai District.

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

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G.ILANGOVAN. J.

TM 30.06.2023 5/5