Madras High CourtCRL OP(MD)/19647/2023disposed of

R.Pandian v. The Deputy Superintendent Of Police

2023-11-03Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN R.Pandian ... Petitioner/1st Accused Vs.

1.The Deputy Superintendent of Police, Bodinayakkanur, Theni District.

... 1st Respondent/Investigating Officer 2.The Inspector of Police, Bodinyakkanur Police Station, Theni District.

Crime No.347 of 2023.

... 2nd Respondent/Complainant 3.Suganthi ... 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 SC/ST (POA) Act Cases, Theni to consider the bail application of the petitioner on the same day on his surrender in Crime No.347 of 2023 on the file of the 2nd respondent.

For petitioner : Mr.V.Thirumal For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) 1/5

O R D E R This petition has been filed seeking direction to the learned District and Sessions Judge, Special Court for SC/ST (POA) Act Cases, Theni, to accept the surrender of the petitioner in connection with Crime No.347 of 2023 on the file of the 2nd Respondent Police on the same day of filing and to consider the Anticipatory Bail/ Bail petition filed by the petitioner on the same day of filing in accordance with law. 2.The petitioner is the accused persons in Crime No.347 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 323, 354 & 506(ii) of IPC and under Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. Side), accepts notice for the respondents 1 and 2. He would further submit that the injured in this case has been discharged from the hospital and the petitioner is having one previous case under Section 306 of IPC. But, that is not hindrance to grant relief in this petition. 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 District and Sessions Judge, Special Court for SC/ST (POA) Act Cases, Theni, 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.

03.11.2023 Index : Yes/No Internet : Yes/No TM To 1.The District and Sessions Judge, Special Court for SC/ST (POA) Act Cases, Theni.

2.The Deputy Superintendent of Police, Bodinayakkanur, Theni District.

3/5

3.The Inspector of Police, Bodinyakkanur Police Station, Theni District. Crime No.347 of 2023.

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

4/5

K.K.RAMAKRISHNAN. J.

TM 03.11.2023 5/5