Madras High CourtCRL OP(MD)/17480/2022disposed of

Kanthasamy v. The Deputy Superintendent Of Police

2022-09-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Kanthasamy ... Petitioner/2nd Accused Vs.

1.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

... Respondents/Complainant 3.Karuppaiya ... Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge, Special Court for Trial of Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act Cases, Virudhunagar District at Srivilliputhur to consider the bail petition of the petitioner on the same day upon his surrender before the aforesaid Court and enlarge him on bail on the same day in Crime No.142 of 2022, on the file of the 2nd Respondent.

For Petitioner : Mr.M.Musthafakhan For Respondents 1 & 2 : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner is the accused in Crime No.142 of 2022 on the file of Virudhunagar West Police Station, Virudhunagar District, and the offences alleged against the accused are under Sections 294(b), 323, 324, 506(2) of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 r/w Sections 3(1)(r) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2. The present petition filed by the petitioner is to direct the learned Sessions Judge, Special Court for Trial of Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act Cases, Virudhunagar District at Srivilliputhur, 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 no bad antecedent is reported against the petitioner and injured was discharged from the hospital.

2/4

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 Sessions Judge, Special Court for Trial of Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act Cases, Virudhunagar District at Srivilliputhur, 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.

30.09.2022 Index : Yes/No Internet:Yes/No dss 3/4

G.ILANGOVAN, J., dss To 1.The learned Sessions Judge, Special Court for Trial of Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act Cases, Virudhunagar District at Srivilliputhur.

2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 30.09.2022 4/4