Madras High CourtCRL OP(MD)/18891/2022allowed

Jeyaram v. The Deputy Superintendent Of Police

2022-11-04Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Jeyaram

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Aruppukottai Division, 2.The Inspector of Police, Mallanginaru Police Station, (Crime No.104 of 2022) 3.Mohini

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for Trial of SC/ST Act Cases, Srivilliputhur at Virudhunagar District, to consider the Petitioner's bail application on the same day of his surrender in Crime No.104 of 2022 on the file of the Mallanginaru Police Station, Virudhunagar District. For Petitioner : Mr.C.Suresh Kannan For R1 & R2 : Mr.R.Suresh Kumar Government Advocate (Crl.Side) 1/5

O R D E R

This Criminal Original Petition has been filed to direct the Special Court for Trial of SC/ST Act Cases, Srivilliputhur at Virudhunagar District, to consider the Petitioner's bail application on the same day of his surrender in Crime No.104 of 2022 on the file of the Mallanginaru Police Station, 2.The learned Counsel for the Petitioner would submit that the Petitioner/A1 has involved in the offence under SC/ST (Prevention of Atrocities) Act. The Respondent police has registered the case against the Petitioner and others in Crime No.104 of 2022 for the offence punishable under Sections 294(b), 323 IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Act. Therefore, he seeks direction against the learned Judge, Special Court for Trial of SC/ST Act Cases, Srivilliputhur at Virudhunagar District, to consider the Petitioner's bail application on the date of his surrender and filed this Petition. 2/5

3. The learned Government Advocate (Crl.Side) would submit that the Petitioner is arrayed as A1. He would further submit that no previous case is pending against him and the injured has been discharged from the hospital.

4. Considering the submissions made by the learned Counsel for the Petitioner and the learned Government Advocate (Crl.side), this Criminal Original Petition is allowed. The Petitioner is directed to surrender before the learned Sessions Judge, Special Court for trial of SC/ST(POA) Act Cases, Srivilliputhur at Virudhunagare 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.

04.11.2022 Index:Yes/No vsd 3/5

To 1.The Special Court for Trial of SC/ST Act Cases, Srivilliputhur at Virudhunagar District.

2.The Deputy Superintendent of Police, Aruppukottai Division, 3.The Inspector of Police, Mallanginaru Police Station, 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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