Madras High CourtCRL OP(MD)/19063/2023disposed of

Chandra v. The Deputy Superintendent Of Police

2023-10-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19063 of 2023 1.Chandra 2.Selvaganesh 3.Sugashini

...Petitioners / Accused No.2,4 & 5

Vs.

1.The Deputy Superintendent of Police, Aundipatti, Theni District.

...1st Respondent / Investigation Officer 2.The Inspector of Police, Andipatti Police Station, Theni District.

(In Crime No.389/2023) ...2nd Respondent / Complainant 3.Deepa ...3rdRespondent / Defacto Complainant / Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for the Exclusive Trial of SC and ST Cases, Theni to consider the bail application on their surrender on the same day, if any petition filed by the petitioners in Crime No.389/2023 on the file of 2nd Respondent. 1/4

For Petitioner :Mr.C.Susikumar For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This petition has been filed to direct the learned Special Court for the Exclusive Trial of SC and ST Cases, Theni, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 389 of 2023 on the file of the 2nd respondent Police. 2.The petitioners are the accused persons in Crime No.389 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 506(ii) of IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act, 1989. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted that no one was injured in this case. There is no previous case against the petitioners. 2/4

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 Special Court for the Exclusive Trial of SC and ST Cases, Theni, 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.

Speaking : Yes / No 20.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn 3/4

G.ILANGOVAN. J.

pnn To 1.The Special Court for the Exclusive Trial of SC and ST Cases, Theni. 2.The Deputy Superintendent of Police, Aundipatti, Theni District. 3.The Inspector of Police, Andipatti Police Station, Theni District. (In Crime No.389/2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.19063 of 2023 20.10.2023 4/4