Madras High CourtCRL OP(MD)/19569/2023disposed of

Veeramani v. The Deputy Superintendent Of Police

2023-11-02Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19569 of 2023 Veeramani

...Petitioner / Sole Accused

Vs.

1.The Deputy Superintendent of Police, Office of The Deputy Superintendent of Police, Kumbakonam Sub Division, Thanjavur District.

2.The Inspector of Police, Swamimalai Police Station, Thanjavur District, (In Crime No.437 of 2023) ...1st & 2nd Respondents / Complainants 3.Alexchandar ...3rd Respondent/Defacto Complainant 1/5

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e. The 1st Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.437 of 2023 on the file of the 2nd respondent Police and to consider the bail application filed by the petitioner on the same day.

For Petitioner :Mr.K.M.Karunakaran For Respondent :Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) O RDER This petition has been filed to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e. The 1st Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.437 of 2023 on the file of the 2nd respondent Police and to consider the bail application filed by the petitioner on the same day.

2.The petitioner is the accused person in Crime No.437 of 2023 on the file of the 2nd respondent Police for the offences punishable under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of 2/5

Atrocities) Act, 1989 and Section 506 (I) IPC. 3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would submit that no previous case is pending against the petitioner and there is no injury in this case. 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 1st Additional District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, i.e. 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 his surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act.

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5.With the above observation, this Criminal Original Petition is disposed of.

Speaking : Yes / No 02.11.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu To 1.The learned 1st Additional District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Thanjavur.

2.The Deputy Superintendent of Police, Office of The Deputy Superintendent of Police, Kumbakonam Sub Division, Thanjavur District.

3.The Inspector of Police, Swamimalai Police Station, Thanjavur District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD)No.19569 of 2023 02.11.2023 5/5