Madras High CourtCRL OP(MD)/15223/2023dismissed

Satheeskumar v. The Deputy Superintendent Of Police

2023-08-31Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Satheeskumar

...Petitioner

Vs.

1.The Deputy Superintendent of Police, DSP-Office, Manamadurai, Manamadurai.

2.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

3.Ganesan 4.Azhakuraja

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to consider the bail application of the petitioner on merits in accordance with law on the same day in connection with crime No.126 of 2023 dated 04.08.2023 on the file of the 2nd respondent by the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989 at Sivagangai, within the stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Senthilkumar For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4

O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989 at Sivagangai, for considering the bail application on the very same date of surrender.

2. Heard the learned counsel for the petitioner.

3. Learned Government Advocate (Criminal Side) has strongly opposed stating that there are about ten cases pending against the petitioner, of which, three cases pertaining to 307 of I.P.C. and rest of the cases are 379 I.P.C.

4. Considering the criminal background of the petitioner, it is not possible for the Presiding Officer of the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989 at Sivagangai, to consider the objections of the prosecution to be ventilated on the very same day. 2/4

5. Accordingly, the relief sought for by the petitioner cannot be granted and this Criminal Original Petition is dismissed. 31.08.2023 Speaking : Yes / No NCC : Yes / No Internet : Yes / No Index : Yes / No tsg To 1.The Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989 at Sivagangai.

2.The Deputy Superintendent of Police, DSP-Office, Manamadurai, Manamadurai.

3.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

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

3/4

DR.D.NAGARJUN. J.

tsg Crl.O.P.(MD)No.15223 of 2023 31.08.2023 4/4