Madras High CourtCRL OP(MD)/19784/2023disposed of

Ramesh 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.19784 of 2023

1. Ramesh

2. Kumar

3. Babu @ Baburaja

4. Thiruppathi

5. Ashokkumar

6. Kannan ... Petitioner/Accused Nos.1 to 6 Vs.

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Othakadai Sub Division, Madurai District.

2. The Inspector of Police, Appanthirupathy Police Station, Madurai District.

Crime No. 178 of 2023. ...Respondents 1 & 2/Complainants

3. Sasi ... 3rd Respondent/Defacto Complainant 1/4

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to accept the surrender of the petitioners before the Special court for SC/ST (Prevention of Atrocities) Act i.e the 3rd Additional District and Sessions Judge at Madurai, in connection with the Crime No. 178 of 2023 on the file of 2nd respondent Police and to consider the bail application filed by the petitioners on the same day. For Petitioners : Mr.Chellapandian M For R1 and R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) O R D E R This petition has been filed to accept the surrender of the petitioners before the Special court for SC/ST (Prevention of Atrocities) Act i.e the 3rd Additional District and Sessions Judge at Madurai, in connection with the Crime No. 178 of 2023 on the file of 2nd respondent Police and to consider the bail application filed by the petitioners on the same day.

2.The petitioners are the accused persons in Crime No.178 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 148, 294(b), 323, 324 of IPC r/w. Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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3.Mr.M.Vaikkam Karunanithi, the learned Government Advocate (Crl.Side) accepts notice for the respondents 1 and 2. He would further submit that 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 :- 1)The petitioners shall appear before the Special Court for SC/ST (Prevention of Atrocities) Act i.e the 3rd Additional District and Sessions Judge at Madurai, 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(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 SC/ST (Prevention of Atrocities) Act, The 3rd Additional District and Sessions Court at Madurai. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Othakadai Sub Division, Madurai District.

3. The Inspector of Police, Appanthirupathy Police Station, Madurai District.

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

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