B.Ramesh Babu v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S.ANANTHI B.Ramesh Babu ... Petitioner/Accused (rank not known) .Vs.

1.The Deputy Superintendent of Police, Ramanathapuram District.

2.The State represented by its, The Inspector of Police, Mandapam Police Station, Ramanathapuram.

... Respondent 1 & 2/Complainant 3.Selvi ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for SC/ST POA Act, cases Ramanathapuram District to consider the petitioner bail application on the same day in Crime No.224 of 2021 on the file of the respondent police.

For Petitioner : Mr.S.Venkatesh For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned Special Court for SC/ST POA Act, cases Ramanathapuram District to consider the petitioner bail application on the same day in Crime No.224 of 2021 on the file of the respondent police.

2.The petitioner is the sole accused in Crime No.224 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 174 Cr.P.C. @ 306(4) of IPC, r/w Section 3(1)(r), 3 (1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepts notice for the respondents and 2.

He 1/3

submitted that after registering the case search was made in the petitioner's house and seized some documents. Hence, the case was altered into Prohibition of Charging Exorbitant Interest Act. Hence, he strongly opposed to entertain this petition. 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 POA Act, cases 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 his surrender, after hearing the defacto complainant by complying with Section 15(5) of the Act.

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

Sd/- Assistant Registrar (Per.Admn)/ Vacation Officer // True Copy // / /2021 Sub Assistant Registrar(CS) TM/NSR Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Sessions Judge, Special Court for SC/ST POA Act cases, Ramanathapuram District.

2.The Deputy Superintendent of Police, Ramanathapuram District.

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3.The State represented by its, The Inspector of Police, Mandapam Police Station, Ramanathapuram.

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

+1 CC to M/s.S.VENKATESH, Advocate (SR-32022[F] dated 20/10/2021) 12.10.2021 NSM(CO) GC(25.10.2021) 3P 6C 3/3