Madras High CourtCRL OP(MD)/17668/2023disposed of

Karuppasamy v. The Deputy Superintendent Of Police

2023-10-06Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Karuppasamy 2.Sathiya Moorthy 3.Narayanan 4.Ganesan 5.Murugesan 6.Raja .. Petitioners/Accused Nos.1 to 6 Vs.

1.The State, Represented by its The Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

2.The Inspector of Police, Keela Thooval Police Station, Ramanathapuram District.

(Crime no.105 of 2023) 3.Muniyasamy ... Respondents 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, 1989, Ramanathapuram to consider the bail application of the petitioners in connection with FIR in Crime No.105 of 2023 on the file of the second respondent police on the very same date of 1/5

their surrender and to enlarge the petitioners on bail on the very same day itself by allowing the petitioners' bail application. For petitioner : Mr.M.S.Jeyakarthik For R1 and R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) O RDER This petition has been filed seeking direction to the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Ramanathapuram to consider the bail application of the petitioners in connection with FIR in Crime No.105 of 2023 on the file of the second respondent police on the very same date of their surrender and to enlarge the petitioners on bail on the very same day itself by allowing the petitioners' bail application.

2.The petitioner is the accused person in Crime No.105 of 2023 on the file of the second respondent police registered for the offences under Sections 3(a), 7 and 10 of Protection of Civil Rights Act, 1955 and Section 3(1)(r), 3(1)(s) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.side) accepts notice for the respondents 1 and 2. He would also 2/5

submit that there is no previous case pending against the petitioner and no one sustained injury.

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 Special Court for Exclusive Trial of Cases under SC/ST(POA) Act, 1989, Ramanathapuram, 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.

06.10.2023 Index : Yes/No Internet : Yes/No ta 3/5

To 1.The Special Court for Exclusive Trial of Cases under SC/ST(POA) Act, 1989, Ramanathapuram.

2.The Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

3.The Inspector of Police, Keela Thooval Police Station, Ramanathapuram District.

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

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G.ILANGOVAN. J.

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