Vaitheeswaran v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P (MD) No.17952 of 2022 Vaitheeswaran

...Petitioner

Vs

1. The Deputy Superintendent of Police Pudukkottai.

2.The Inspector of Police, Gandharvakkottai Police Station, Gandharvakkottai.

(Crime No.97 of 2022) 3.Ajaikumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court for exclusive trial of the cases under SC/ST (Prevention of Atrocities) Act, Pudukkottai to accept the surrender of the petitioner and consider his bail application on the same day on merits in respect of Crime No.97 of 2022 on the file of the Gandharvakkottai Police Station, Pudukkottai District. 1/5

For Petitioner : Mr.P.Vadivel For R1 & R2 : Mr.A.Albert James Government Advocate (Crl.Side)

O R D E R

The petitioner is the accused No.1 in Crime No.97 of 2022 on the file of Gandharvakkottai Police Station, Pudukkottai District, and the offences alleged against the accused is under Sections 294(b), 323, 324, 506(2) of IPC, 1860, 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act 1989.

2. The present petition filed by the petitioner is to direct the learned Sessions Judge, Special Court for exclusive trial of the cases under SC/ST (Prevention of Atrocities) Act, Pudukkottai, to accept the surrender of the petitioner and also to consider the bail application on the same day.

3. Mr.A.Albert James, learned Government Advocate (Crl. Side) accepts notice for the respondents 1 and 2.

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 2/5

orders :-

1) The petitioners should appear before the learned Sessions Judge, Special Court for exclusive trial of the cases under SC/ST (Prevention of Atrocities) Act, 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 petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

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

06.10.2022 Internet:Yes/No Index:Yes/No Rmk 3/5

To 1.The learned Sessions Judge, Special Court for exclusive trial of the cases under SC/ST (Prevention of Atrocities) Act, Pudukkottai.

2. The Deputy Superintendent of Police Pudukkottai.

3.The Inspector of Police, Gandharvakkottai Police Station, Gandharvakkottai.

4/5

T.V.THAMILSELVI , J., Rmk/sbn CRL.O.P (MD) No.17952 of 2022 06.10.2022 5/5