Madras High CourtCRL OP(MD)/19807/2023disposed of

Rakesh v. The Deputy Superintendent Of Police

2023-11-15Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Rakesh ... Petitioner Vs.

1.The Deputy Superintendant of Police, Dindigul Sub Division, Dindigul District.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

3.Swathi ...Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the learned Special Court for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Dindigul to accept the surrender of the petitioner and consider his bail application and grant bail on the same date of surrender itself in Crime No.17 of 2023, dated 04.10.2023 on the file of the second respondent Police.

For Petitioner : Mr.M.Suriya Kumar (No appearance) For Respondents : Mr.M.Sakthi Kumar 1 and 2 Government Advocate (Crl.side) 1/5

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Special Court for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Dindigul to accept the surrender of the petitioner and consider his bail application and grant bail on the same date of surrender itself in Crime No.17 of 2023, dated 04.10.2023 on the file of the second respondent Police.

2. The petitioner is the accused for the offences punishable under Sections 323, 312, 406 and 506(ii) of IPC r/w 3(2)(va) of SC/ST Act and Section 4 of Prohibition of Harassment of Women Act, 2002, in Crime No.17 of 2023, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition. 3.The learned Government Advocate (Crl. Side) submitted that on the basis of the complaint given by the third respondent, enquiry is undertaken. During the course of enquiry, it was found that child marriage was performed by the accused persons and hence, the case has 2/5

been altered to Sections 313, 323, 379(NP) and 506(i) of IPC and Section 3(1)(s), 3(2)(va) and 3(1)(w)(i) of SC/ST Act and 5(2) r/w 6 of POCSO Act and 9 of Child Marriage Act.

4.Recording the submission made by the learned Government Advocate (Crl. Side), the petitioner is at liberty to file proper application. 5.With the above said observations and liberty, this criminal Original Petition is disposed of.

15.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG 3/5

To 1.The Deputy Superintendant of Police, Dindigul Sub Division, Dindigul District.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

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G.ILANGOVAN ,J.

VSG 15.11.2023 5/5