Madras High CourtCRL OP(MD)/17978/2023disposed of

P.Krishnapandi v. The Deputy Superintendent Of Police

2023-10-09Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

1. P.Krishnapandi

2. Niraikulam Sithaiah ... Petitioners/Accused Rank Not Known Vs.

1. The Deputy Superintendent of Police, Virudhunagar Sub Division, Virudhunagar District.

2. The Inspector of Police, Soolakkarai Police Station, Virudhunagar District.

Crime No.147/2023.

...1st and 2nd Respondents/Complainants

3. Velmurugan ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special court for the Exclusive trial for SC/ST (POA) Act cases, Srivilliputhur to accept the surrender of the petitioner and consider their bail application on the same day on merits in relating to Crime No. 147 of 2023, dated 09.09.2023 on the file of the first respondent Police.

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For Petitioners : Mr. Azagarsami AK 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 the Exclusive trial for SC/ST (POA) Act cases, Srivilliputhur to accept the surrender of the petitioner and consider their bail application on the same day on merits in relating to Crime No. 147 of 2023, dated 09.09.2023 on the file of the first respondent Police. 2.The petitioners are the accused persons in Crime No.147 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 341, 294(b), 323, 506(i) of IPC and 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, learned Government Advocate (Crl.Side), accepts notice for the respondents 1 and 2. He would further submit that there is no previous case pending against the petitioner. It is a case and counter case and injured in both the cases are discharged from the hospital.

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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 the Exclusive trial for SC/ST (POA) Act cases, Srivilliputhur, 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.

09.10.2023 Index : Yes/No Internet : Yes/No Indu 3/5

To 1.The Special court for the Exclusive trial for SC/ST (POA) Act cases, Srivilliputhur.

2.The Deputy Superintendent of Police, Virudhunagar Sub Division, Virudhunagar District.

3. The Inspector of Police, Soolakkarai Police Station, Virudhunagar District.

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

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G.ILANGOVAN. J.

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