Madras High CourtCRL OP(MD)/17393/2023disposed of

Rani @ Pandeeswari v. The Deputy Superintendent Of Police(Rural)

2023-10-03Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Rani @ Pandeeswari 2.Soni @ Sony ... Petitioners/Accused 2 and 3 Vs.

1. The Deputy Superintendent of Police (Rural), Palani Taluk, ...1st Respondent/Investigation Officer

2. The Inspector of Police, Keeranur Police Station, Palani Taluk, Crime No.99 of 2023.

...2nd Respondent/Complainant

3. Chitradevi ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Learned Special Court for Exclusive trial of Cases under SC/ST(POA)Act, Sessions Judge, Dindigul District to dispose the bail application filed by the Petitioners on merits on the same day on their surrender before the above mentioned concerned Court in pending 1/5

investigation of Crime No.99 of 2023 on the file of the Inspector of Police, Keeranur Police Station, Palani Taluk, Dindigul District. For Petitioners : Mr.Sarvagan Prabhu S For R1 and R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the Learned Special Court for Exclusive trial of Cases under SC/ST (POA) Act, Sessions Judge, Dindigul District to dispose the bail application filed by the Petitioners on merits on the same day on their surrender before the above mentioned concerned Court in pending investigation of Crime No.99 of 2023 on the file of the Inspector of Police, Keeranur Police Station, Palani Taluk, 2.The petitioners are the accused persons in Crime No.99 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323 of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Sections 3(1)(r), 3(1)(s) and 3(2)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.Side), accepts notice for the respondents 1 and 2. He would further submit that he has no objection to allow this petition. 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned District and Sessions Judge, Special Court for Exclusive Trial of case under SC/ST(POA) Act 1989, Dindigul District, within a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act.

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

03.10.2023 Index : Yes/No Internet : Yes/No Indu 3/5

To 1.The District and Sessions Judge, Special Court for Exclusive Trial of case under SC/ST(POA) Act 1989, Dindigul.

2.The Deputy Superintendent of Police (Rural), Palani Taluk,

3. The Inspector of Police, Keeranur Police Station, Palani Taluk, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

Indu 03.10.2023 5/5