Madras High CourtCRL OP(MD)/18521/2023disposed of

Guna v. The Deputy Superintendent Of Police

2023-10-16Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Guna

2. Vimal @ Dhana Vimal

3. Dhanasekaran ... Petitioner Vs.

1. The Deputy Superintendent of Police, Keeranur Police Office, Pudukkottai District.

2. The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

...Respondents 1 and 2/Complainants

3. Vasanthakumari ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to accept the surrender of the petitioners before the Special court for S.C /S.T (Prevention of Atrocities) Act i.e The Special Additional District and Sessions Judge at Pudukkottai, in connection with the Crime No.151 of 2023 on the file of the second respondent Police and to consider the bail application filed by the petitioner on the same day.

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For Petitioner : Mr.M.Rajarajan Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to accept the surrender of the petitioners before the Special court for S.C /S.T (Prevention of Atrocities) Act i.e The Special Additional District and Sessions Judge at Pudukkottai, in connection with the Crime No.151 of 2023 on the file of the second respondent Police and to consider the bail application filed by the petitioner on the same day. 2.The petitioners are the accused persons in Crime No.151 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 354 and 506(i) of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of Prevention of Atrocities against Scheduled Castes and Scheduled Tribes Act, 1989.

3.Mr.M.Vaikkam Karunanithi, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submit that even though the petitioner is having previous cases, the 2/4

online status shows that the case has been either referred or disposed of. 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 Additional District and Sessions Judge at Pudukkottai, 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.

16.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 3/4

G.ILANGOVAN ,J.

Indu TO

1. The Deputy Superintendent of Police, Keeranur Police Office, Pudukkottai District.

2. The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

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

Order made in Dated: 16.10.2023 4/4