Madras High CourtCRL OP(MD)/16730/2022disposed of

Selvarasu v. The Deputy Superintendent Of Police

2022-09-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Selvarasu ... Petitioner/ Accused (Rank Not Known) Vs.

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

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

(Crime No.43/2022) ... Respondents/Complainant 3.Manikandan ... 3rd Respondent/Defacto Complainant 4.Vijayakumar 5.Jayapratheepa 6.Poovesh 7.Dinesh ... Respondents 4to7/Injured Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District & Sessions Judge (PCR Unit), Pudukkottai, to consider the bail application of the petitioner on the same day of his surrender in Crime No.43 of 2022 on the file of the respondent police.

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For Petitioner : Mr.M.Ramu For Respondents 1 & 2 : Mr.R.Suresh Kumar Government Advocate (Crl. Side)

ORDER

The petitioner is the accused in Crime No.43 of 2022 on the file of Udayalipatti Police Station, Pudukkottai District, and the offences alleged against the accused are under Sections 147, 148, 341, 294(b), 324, 307, 506(ii) of IPC r/w 3(i)(r), 3(i)(s) and 3(2)(va) of the SC/ST (Amendment POA) Amendment Act, 2015.

2. The present petition filed by the petitioner is to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District & Sessions Judge (PCR Unit), Pudukkottai, to accept the surrender of the petitioner and also to consider the bail application on the same day.

3. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) accepts notice for the respondents 1 and 2. The third respondent is the defacto complainant.

4. The learned Government Advocate (Crl.Side) would submit that it is a case and case in counter. Due to the temple festival, dispute and quarrel arises between the parties. No bad antecedent is reported against the petitioner.

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5. Since the prayer itself is to accept the surrender of the petitioner and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District & Sessions Judge (PCR Unit), Pudukkottai, within a period of 15 days, from the date of uploading the order copy in the website of this Court and

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioner on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15A(5) of the Act.

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

29.09.2022 Index : Yes/No Internet:Yes/No dss 3/4

G.ILANGOVAN, J., dss To 1.The Special Judge for SC/ST (Prevention of Atrocities) Act/ 3rd Additional District & Sessions Judge (PCR Unit), Pudukkottai.

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

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

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

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