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Madras High CourtCRL OP(MD)/19355/2023granted

K.Pradheep @ Prabhu v. The Superintendent Of Police

2023-10-26Honourable Mr.Justice R.Sakthivel5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL K.Pradheep@Prabhu ... Petitioner/ Accused No.5 Vs.

1.The Deputy Superintendent of Police, Pattiveeranpatti, Dindigul District.

2.The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

(Crime No.205/2023) 3.Karmagam ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court (SC/ST Cases), Dindigul, to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.205/2023 on the file of second respondent. For petitioner : Mr.N.Kamesh 1/5

For R1 & R2 : 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 (SC/ST Cases), Dindigul, to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.205/2023 on the file of second respondent.

2. The petitioner is the accused person in Crime No.205 of 2023 on the file of the 2nd respondent police for the alleged offences punishable under Sections 147, 294(b), 323, 506(i) of IPC r/w Section 4 of the Prohibition of Harassment of Woman Act and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Mr.M.Sakthi Kumar, learned Government Advocate (Crl. Side) accepts notice for the respondents 1 and 2. He submits that other co-accused had surrendered as per the order of this Court and got bail. 4.Considering the facts and circumstances of the case, this Court is 2/5

inclined to pass the following orders :- 1)The petitioner shall appear before the learned Special Judge (SC/ST Cases), Dindigul, 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 (SC/ST Cases), Dindigul.

3/5

2.The Deputy Superintendent of Police, Pattiveeranpatti, Dindigul District.

3.The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

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

4/5

R.SAKTHIVEL, J.

cp 26.10.2023 5/5