Madras High CourtCRL OP(MD)/16897/2022disposed of

Silambarasan 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 Silamarasan ... Petitioner/ Accused (Rank Not Known) Vs.

1.The Deputy Superintendent of Police, Othakadai, Madurai District.

2.The Inspector of Police, Karuppayoorani Police Station, Madurai District.

(Crime No.84 of 2022) ... Respondents/Complainant 2.Akash ... Respondent/Defacto Complainant/Victim Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the III Additional Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, Madurai District, to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender itself, in Crime No.84 of 2022 on the file of the 2nd Respondent. For Petitioner : Mr.Balamurugapandi For Respondents 1 & 2 : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner is the accused in Crime No. 84 of 2022 on the file of Karuppayoorani Police Station, Madurai District, and the offences alleged against the accused are under Sections 147, 148, 341, 294(b), 323, 324, 307, 506(2) of IPC r/w 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

2. The present petition filed by the petitioner is to direct the III Additional Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, Madurai District, 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 de-facto complainant.

4. 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 III Additional Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 2/4

Act, 1989, Madurai, Madurai District, 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.

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

30.09.2022 Index : Yes/No Internet:Yes/No dss To 1.The III Additional Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, Madurai District.

2.The Deputy Superintendent of Police, Jeeyapuram, Trichy District.

3.The Inspector of Police, Pettavaithalai Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

G.ILANGOVAN, J., dss 30.09.2022 4/4