Vijayakumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.17028 of 2022 Vijayakumar

...Petitioner

vs

1. The Deputy Superintendent of Police Sivagangai Town Police Station Sivagangai Division Sivagangai District

2. The Inspector of Police Sivagangai Town Police Station Sivagangai District

3. Muthulingam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Judge for the Exclusive Trial for SC/ST (POA) Act 1989 cases, Sivagangai, Sivagangai District to consider the bail application of the Petitioner to be filed in Crime No. 361/2022 on the file of the 2nd Respondent police and to accept the surrender on the same day on merits.

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For Petitioner : Mr.R.Balamurugananatham For R1 & R2 : Mr.R.Sureshkumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned Special Judge for the Exclusive Trial for SC/ST (POA) Act 1989 cases, Sivagangai, Sivagangai District to consider the bail application of the Petitioner to be filed in Crime No. 361/2022 on the file of the 2nd Respondent police and to accept the surrender on the same day on merits.

2. It is the submission of the learned Counsel for the Petitioner that due to previous enmity this case has been registered.

3. The learned Government Advocate(Crl.Side)would submit that both the Petitioner and the defacto complainant are TNSTC drivers. He would further submit that the Petitioner is having four previous cases. He would also submit that the injured has been discharged from the hospital. 2/4

4. Considering the submissions made by the learned Counsel for the Petitioner, this Criminal Original Petition is allowed. The Petitioner is directed to surrender before the Special Judge for the Exclusive Trial for SC/ST (POA) Act 1989 cases, Sivagangai, Sivagangai District within a period of 15 days from the date of receipt of copy of this order or 15 days from the date of uploading the order copy in the website of this Court . The Special Judge shall consider the bail application of the Petitioner and dispose of the same as per law.

13.10.2022 Internet:Yes/No Index:Yes/No aav To

1. The Special Judge for the Exclusive Trial for SC/ST (POA) Act 1989 cases, Sivagangai, Sivagangai District

2. The Deputy Superintendent of Police Sivagangai Town Police Station Sivagangai Division Sivagangai District

3. The Inspector of Police Sivagangai Town Police Station Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

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