Prakasham v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Prakasham ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Tiruchuli Taluk, Virudhunagar District.

2.State through;

Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

In Crime No.166 of 2023 3.Balu ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Judge for SC/ST(POA) Act cases, Virudhunagar at Srivilliputhur, to accept the surrender of the petitioner/accused and consider their bail application on the same day in connection with Crime No.166 of 2023 on the file of the second respondent police.

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For petitioner : Mr.G.Mariappan For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) O R D E R This petition has been filed seeking direction to the learned Special Judge for SC/ST(POA) Act cases, Virudhunagar at Srivilliputhur to accept the surrender of the petitioner/sole accused and consider his bail application on the same day in connection with Crime No.166 of 2023 on the file of the second respondent police. 2.The petitioner is the accused person in Crime No.166 of 2023 on the file of the 2nd respondent police for the alleged offences punishable under Sections 294(b), 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and Section 3(1) (r), 3(1)(s), 3(1)(f) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Heard Mr.G.Mariappan, learned counsel appearing for the petitioner and Mr.M.Sakthi Kumar, learned Government Advocate (Crl. Side), appearing for the respondents 1 and 2. 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 Special Judge for SC/ST (POA) Act cases, Virudhunagar at Srivilliputhur, 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.

26.10.2023 Index : Yes/No Internet : Yes/No cp To 1.The Special Judge for SC/ST(POA) Act cases, Virudhunagar at Srivilliputhur.

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2.The Deputy Superintendent of Police, Tiruchuli Taluk, Virudhunagar District.

3.The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

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

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R.SAKTHIVEL, J.

cp 26.10.2023 5/5