Madras High CourtCRL OP(MD)/22103/2022disposed of

Abi @ Abi Kumar v. The Deputy Superintendent Of Police

2022-12-15Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

1. Abi @ Abi Kumar,

2. Ganesh @ Raja Ganesh ... Petitioners / Accused Nos.2 and 3 Vs.

1. The State, represented by The Deputy Superintendent of Police, Paramakudi, Paramakudi District. ... 1st Respondent / Investigation Officer

2. The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

(Crime No.246/2022) ... 2nd Respondent / Complainant

3. Chandra Sekar ... 3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST(POA) Act, (PCR Court), Ramanathapuram, to consider the bail application of the petitioners in connection with the FIR in Crime No.246 of 2022 on the file of the second Respondent Police on the very same date of the surrender of the petitioners and to enlarge them on bail on the very same day itself by allowing the petitioners' bail application.

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For Petitioners : Mr. Jeyakarthik.M.S For R1 and R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor O R D E R This petition has been filed to direct the learned Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST(POA) Act, (PCR Court), Ramanathapuram, to consider the bail application of the petitioners in connection with the FIR in Crime No.246 of 2022 on the file of the second Respondent Police on the very same date of the surrender of the petitioners and to enlarge them on bail on the very same day itself by allowing the petitioner's bail application. 2.The petitioners are the accused persons in Crime No. 246/2022 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 324, 506(ii) of IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submitted that no previous case is pending against the petitioners and there is no injured 2/4

person in this case.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST(POA) Act, (PCR Court), Ramanathapuram, 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 petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15A(5) of the Act.

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

15.12.2022 Index : Yes/No Internet : Yes/No indu 3/4

G.ILANGOVAN. J.

indu To 1.The learned Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST(POA) Act, (PCR Court), Ramanathapuram,

2. The Deputy Superintendent of Police, Paramakudi, Paramakudi District.

3. The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

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

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