Rajapandi v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.14053 of 2023 Rajapandi ... Petitioner Vs.
1.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.
2.The State rep.by The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.
Crime No.152 of 2023.
3.Kalidass ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Judge for SC/ST (POA) Act Cases, Virudhunagar District, Srivilliputhur, to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.152 of 2023 dated 23.07.2023. For Petitioner : Mr.G.Mariappan For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4
O RDER This Criminal Original Petition is filed seeking for a direction to the learned Special Judge for SC/ST (POA) Act Cases, Virudhunagar District, Srivilliputhur, to dispose of the bail application on the very same day when he files it in Crime No.152 of 2023.
2. It is submitted by the learned counsel appearing for the petitioner that a case has been registered against him in Crime No.152 of 2023 for the offence punishable under Sections 294(b), 323, 355 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act, 1989. Since the offence under SC/ST Act at this stage will not permit any pre-arrest bail, he sought for a direction to direct the learned Special Judge for SC/ST (POA) Act Cases, Virudhunagar District, Srivilliputhur, to consider his bail application on the very same day when it is filed.
3. The learned Government Advocate (criminal side) appearing for the official respondents has strongly objected the same stating that the petitioner is accused No.1 in Crime No.152 of 2023 registered for the offence punishable under Sections 294(b), 323, 355 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act, 1989 and the injured has 2/4
received injuries all over the body and he was discharged from the hospital. It is submitted that apart from this case, there are two more cases pending, of which, one is murder case.
4. Considering the gravity of the offence alleged to have been committed by the petitioner, this Court is not inclined to consider the request made by the petitioner.
5. Accordingly, this Criminal Original Petition is dismissed. Index : Yes/No 08.08.2023 Internet : Yes/No ssb To 1.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.
2.The State rep.by The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4
DR.D.NAGARJUN. J.
ssb 08.08.2023 4/4