Madras High CourtCRL OP(MD)/20026/2023disposed of

Guru @ Vivek v. The Deputy Superintendent Of Police

2023-11-22Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20026 of 2023 Guru @ Vivek ... Petitioner/Accused Vs.

1.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

2. The Inspector of Police, Town Police Station, Pattukkottai, Thanjavur District.

Cr.No.582 of 2023.

...2nd Respondent/Complainant

3. M.Vennila ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Learned Principal Sessions Judge, Thanjavur, (PCR Court / Special Court for Exclusively Trial of cases under SC/ST(Prevention Atrocities) Act) to consider the bail petition of the petitioner on the same day on his surrender in Connection with Crime No.582 of 2023 on the file of the second respondent Police. For Petitioner : Mr.K.Selvaraj For R1 and R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) 1/4

O R D E R This petition has been filed to direct the learned Principal Sessions Judge, Thanjavur, (PCR Court / Special Court for Exclusively Trial of cases under SC/ST(Prevention Atrocities) Act) to consider the bail petition of the petitioner on the same day on his surrender in Connection with Crime No.582 of 2023 on the file of the second respondent Police. 2.The petitioner is the accused persons in Crime No.

582 of 2023 on the file of the 2nd respondent Police for the offences punishable under Sections 294(b), 323, 324, 363, 506(ii) of IPC and Sections 3(1)(r), 3(1) (s), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Section 3 of Children (Pledging of Labour) Act, 1933, Section 14(1) of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, Section 4 of TNPWH Act, and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.Side), accepts notice for the respondents 1 and 2. He would submit that injured is discharged from the hospital and one previous case is pending against the petitioner for the offence under Section 506(ii) of IPC.

2/4

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned Principal Sessions Judge, (PCR Court / Special Court for Exclusively Trial of cases under SC/ST(Prevention Atrocities) Act), Thanjavur, 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 petitioner 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.

22.11.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Principal Sessions Court, PCR Court / Special Court for Exclusively Trial of cases under SC/ST(Prevention Atrocities) Act.

2.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

3.The Inspector of Police, Town Police Station, Pattukkottai, Thanjavur District.

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

22.11.2023 4/4