Madras High CourtCRL OP(MD)/11932/2023disposed of

R.Pandian v. The Deputy 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 R.Pandian ... Petitioner Vs

1. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Kumbakonam Sub-Division, Thanjavur District.

2. The Inspector of Police,, Sholapuram Police Station, Thanjavur District.

3. Sundravadivel ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the Sessions Judge, Special Court for Trial of Cases registered under SC/ST(POA) Act, Thanjavur District to consider the surrender application filed by the petitioner in Crime No.345 of 2023 pending on the file of the 2nd respondent police.

For Petitioner : Mr.R.L.Dehlipanpandian For R1 and R2 : Mr.B.Nambiselvan Additional Government Pleader 1/5

ORDER

This Criminal Original Petition had been filed for a direction to direct the learned Sessions Judge, Special Court for Trial of Cases registered under SC/ST(POA) Act, Thanjavur District, to consider the petitioner's bail application, on the same day of surrender in Crime No. 345 of 2023, on the file of the second respondent police.

2.The petitioner is an accused in Crime No.345 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 420 IPC and Section 3(i)(f), 3(ii)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.B.Nambiselvan, learned Additional Government Pleader accepts notice for the respondents 1 and 2.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/5

1)The petitioner shall appear before the learned Sessions Judge, Special Court for Trial of Cases registered under SC/ST(POA) Act, Thanjavur 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.

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

30.06.2023 NCS:Yes/No Internet:Yes/No Index:Yes/No PNM Note:Issue Order copy on 04.07.2023 3/5

To 1.The Sessions Judge, Special Court for Trial of Cases registered under SC/ST(POA) Act, Thanjavur District

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Kumbakonam Sub-Division, Thanjavur District.

3. The Inspector of Police,, Sholapuram Police Station, Thanjavur District.

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

4/5

G.ILANGOVAN, J.

PNM ORDER IN 30.06.2023 5/5