Inbam @ Inbasekaran v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Inbam @ Inbasekaran 2.Mari @ Chinnamari 3.Asai @ Asaipandi 4.Pandi @ Muthupandi 5.Murugapandi ... Petitioners 1 to 5 / Accused Nos.1 to 5 Vs.

1.The Deputy Superintendent of Police, Theni District, Theni.

2.The State represented by the Inspector of Police, Jayamangalam Police Station, Theni District.

(Crime No.244 of 2023) 3.Jeyachandran ... Respondents/Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for SC/ST (Prevention of Atrocities Act), Theni, to consider the surrender and bail application filed by the petitioner in Crime No.244 of 2023 pending on the file of the second 1/4

respondent police and to consider the bail application filed by theh petitioner on the same day.

For Petitioners : Mr.M.U.Mohamed Aslam For Respondents : Mr.M.Vaikkam Karunanithi for R1 & R2 Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the learned Special Court for SC/ST (Prevention of Atrocities Act), Theni, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 244 of 2023 on the file of the 2nd respondent Police.

2.The petitioners are the accused persons in Crime No.244 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 341, 294(b), and 506(i) of IPC r/w Sections 3(1)(r), 3(1)(s) and 3(1)(y) and 3(2)(va) of SC/ST Act.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted that no injury has been sustained by anyone and no previous case against the petitioners.

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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 Special Court for SC/ST (Prevention of Atrocities Act), Theni, 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.

11.10.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No pnn 3/4

G.ILANGOVAN. J.

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