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Madras High CourtCRL OP(MD)/19822/2023disposed of

Rangasamy v. The Deputy Superintendent Of Police

2023-11-06Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.19822 of 2023 Rangasamy ... Petitioner/Accused No.2 Vs.

1. The Deputy Superintendent of Police, Aranthangi Division, Aranthangi, Pudukkottai District.

2. The Sub-Inspector of Police, Nagudi Police Station, Aranthangi Taluk, Pudukkottai District.

Crime No.161/2023.

...Respondents 1 & 2/Complainants

3. Thaiyalnayaki ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for Scheduled Castes and Scheduled Tribes (POA) Act 1989, Pudukkottai, to accept the surrender of the petitioner/2nd accused and consider their bail application and grant bail on the date of Surrender itself in Crime No.161 of 2023 dated 17.08.2023 on the file of the second respondent Police.

For Petitioners : Mr.K.C.Maniyarasu For R1 and R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) 1/4

O R D E R This petition has been filed to direct the Special Court for Scheduled Castes and Scheduled Tribes (POA) Act 1989, Pudukkottai, to accept the surrender of the petitioner/2nd accused and consider their bail application and grant bail on the date of Surrender itself in Crime No.161 of 2023 dated 17.08.2023 on the file of the second respondent Police. 2.The petitioner is the accused persons in Crime No.161 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 324, 420 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2) (Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.M.Vaikkam Karunanithi, the learned Government Advocate (Crl.Side), accepts notice for the respondents 1 and 2. He would submit that no previous case is pending against the petitioner and injured has been discharged from the hospital.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/4

1)The petitioner shall appear before the Special Court for Scheduled Castes and Scheduled Tribes (POA) Act 1989, Pudukkottai, 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 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.

06.11.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

K.K.RAMAKRISHNAN . J.

Indu To 1.The Special Court for Scheduled Castes and Scheduled Tribes (POA) Act 1989, Pudukkottai.

2. The Deputy Superintendent of Police, Aranthangi Division, Aranthangi, Pudukkottai District.

3. The Sub-Inspector of Police, Nagudi Police Station, Aranthangi Taluk, Pudukkottai District.

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

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