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Madras High CourtCRL OP(MD)/21150/2022allowed

Subramaniyan v. The Deputy Superintendent Of Police

2022-11-30Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.21150 of 2022 Subramaniyan

...Petitioner

vs

1. The Deputy Superintendent of Police Aranthangi Circle Pudukkottai District

2. The Inspector of Police Aranthangi Police Station Aranthangi Pudukkottai District (Crime No.685 of 2022)

3. Balamurugan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai, to accept the surrender of the petitioner/sole accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.685 of 2022 dated 24.11.2022 on the file of the second respondent police. 1/5

For Petitioner : Mr.K.C.Maniyarasu For R1 & R2 : Mr.R.Suresh Kumar Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition had been filed to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai, to accept the surrender of the Petitioner/sole accused and consider the Petitioner's bail application and grant bail on the date of surrender itself in Crime No.685 of 2022 dated 24.11.2022 on the file of the second Respondent police.

2.The Petitioner is the accused for the offences punishable under Sections 294(b), 323,506(2) of IPC and Sections 3(1)(r), 3(1)(s), 3 (2)(va) of SC/ST (PoA) Amendment Act, 2015 in Crime No. 685 of 2022, pending on the file of the second Respondent Police and apprehending arrest, he has filed the present Petition.

3. Heard the learned counsel appearing for the Petitioner, the learned Government Advocate(Crl.Side) and perused the materials available on record. the learned Government (Crl.Side) would submit that no previous 2/5

case is pending against the Petitioner and the injured sustained only simple injuries.

4. Considering the nature of offences alleged against the Petitioner, this Criminal Original Petition is allowed. The Petitioner is directed to surrender before the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai within a period of 15 days from the date of receipt of copy of this order or 15 days from the date of uploading the order copy on the website of this Court. The learned Judge shall consider the bail application of the Petitioner and dispose of the same as per law. The Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai , shall cause notice to the De-Facto Complainant regarding the bail application when the bail application is filed.

30.11.2022 Internet:Yes./No Index:Yes/no aav 3/5

To

1. The Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai

2. The Deputy Superintendent of Police Aranthangi Circle Pudukkottai District

3. The Inspector of Police Aranthangi Police Station Aranthangi Pudukkottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.21150 of 2022 30.11.2022 5/5