Madras High CourtCRL OP(MD)/18795/2023disposed of

Adhi Raj v. The Deputy Superintendent Of Police

2023-10-19Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18795 of 2023 1.Adhi raj 2.Ravindran

...Petitioners / Accused Rank No. 1 & 2

Vs.

1.State represented by its, The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti, Madurai District.

2.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

(In Crime No.326 of 2023)

...Respondents No.1 and 2/ Complainants

3.Arulpandi

...Respondent No.3 / Defacto Complainant

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PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 3rd Additional Sessions Judge (Special Court for SC/ST (POA) Act), Madurai to consider the bail application of the petitioners on the same day of their surrender before that Court in Connection with Crime No.326 of 2023 on the file of the 2nd respondent after hearing the victims under Section 15(a) of the SC/ST Act.

For Petitioner :Mr.N.Seduraman For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This petition has been filed to direct the 3rd Additional Sessions Judge (Special Court for SC/ST (POA) Act), Madurai to consider the bail application of the petitioners on the same day of their surrender before that Court in Connection with Crime No.326 of 2023 on the file of the 2nd respondent after hearing the victims under Section 15(a) of the SC/ST Act. 2.The petitioners are the accused persons in Crime No.326 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) of the Scheduled 2/5

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.M.Vaikkam Karunanithi, the learned Government Advocate (Criminal Side), accepts notice for the respondents 1 and 2. He would further submit that it is a case and counter case and injured in both the cases have been discharged from the hospital. No previous case is pending against the petitioners. 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 learned 3rd Additional Sessions Judge (Special Court for SC/ST (POA) Act), Madurai, 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.

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5.With the above observation, this Criminal Original Petition is disposed of.

Speaking : Yes / No 19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu To 1.The 3rd Additional Sessions Court, (Special Court for SC/ST (POA) Act), Madurai.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti, Madurai District.

3.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

(In Crime No.326 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD)No.18795 of 2023 19.10.2023 5/5