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Madras High CourtCRL OP(MD)/17916/2023disposed of

Vijaya v. The Deputy Superintendent Of Police

2023-10-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Vijaya ... Petitioner/Sole Accused Vs.

1. The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

...1st Respondent/Investigation Officer

2. The Inspector of Police, Oddanchatram Police Station, Dindigul District.

Crime No. 317 of 2023.

...2nd Respondent/Complainant

3. Savithri ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for Trial of SC/ST Act cases, Dindigul to consider the bail application on the same day of her surrender in respect of Crime No. 317 of 2023 on the file of the 2nd respondent, pending investigation.

For Petitioners : Mr.Venkatesh D For R1 and R2 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) 1/4

O R D E R This petition has been filed to direct the Special Court for Trial of SC/ST Act cases, Dindigul to consider the bail application on the same day of her surrender in respect of Crime No. 317 of 2023 on the file of the 2nd respondent, pending investigation.

2.The petitioner is the accused persons in Crime No.317 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 341, 294(b), 506(ii) of IPC, Section 4 of TN Prohibition of Charging Exorbitant Interest Act, 2003 r/w Section 3(1)(r), 3(1)(s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.M.Vaikkam Karunanithi, the learned Government Advocate (Crl.Side), accepts notice for the respondents 1 and 2. He would submit that there is no previous case pending against the petitioner and no injury in this case.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/4

1)The petitioner shall appear before the learned Special Judge, Special Court for Trial of SC/ST Act cases, Dindigul, 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 petitioner 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.

09.10.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Special Court for Trial of SC/ST Act cases, Dindigul. 2.The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

3.The Inspector of Police, Oddanchatram Police Station, Dindigul District.

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

09.10.2023 4/4