← Library
Madras High CourtCRL OP(MD)/19540/2023disposed of

Vignesh @ Vigneshwaran v. The Deputy Superintendent Of Police

2023-11-01Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19540 of 2023 Vignesh @ Vigneshwaran

...Petitioner / Sole Accused

Vs.

1.The Deputy Superintendent of Police, DSP-Office, Trichy, Trichy District.

...1st Respondent / Complainant 2.The Inspector of Police, Kollidam Police Station, Trichy District.

...2nd Respondent / Complainant 3.Vinoth ...3rd Respondent / Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to pass an order of direction to consider the bail Application of the petitioner on merits in accordance with law on the same day in connection with Crime No.191 of 2023, dated 22.09.2023, on the file of the 1st and 2nd Respondents by the Special Court for 1st Additional Sessions Court(PCR), Trichy under Section SC/ST (Prevention of Atrocities) Act, 1989 at Trichy, within a stipulated time that may be fixed by this Court.

1/5

For Petitioner :Mr.S.Balasubramanian For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This petition has been filed seeking direction to the learned I Additional District and Sessions Judge, Special Court for Trial of SC/ST (Prevention of Atrocities) Act Cases, Trichy, to accept the surrender of the petitioner in connection with Crime No.191 of 2023 on the file of the 2nd Respondent Police on the same day of filing and to consider the Anticipatory Bail/ Bail petition filed by the petitioner on the same day of filing in accordance with law. 2.The petitioner is the accused persons in Crime No.191 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b) & 501 of IPC and under Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. Side), accepts notice for the respondents 1 and 2. He would further submit that the the previous case pending against the petitioner is now ended in acquittal. 2/5

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 I Additional District and Sessions Judge, Special Court for Trial of SC/ST Act (Prevention of Atrocities) Cases, Trichy, 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 his 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 01.11.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM 3/5

To 1.The I Additional District and Sessions Judge, Special Court for Trial of SC/ST Act (Prevention of Atrocities) Cases, Trichy. 2.The Deputy Superintendent of Police, DSP-Office, Trichy, Trichy District.

3.The Inspector of Police, Kollidam Police Station, Trichy District.

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

4/5

G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.19540 of 2023 01.11.2023 5/5