Madras High CourtCRL OP(MD)/22188/2022disposed of

Karuppasamy v. The Additional 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. Karuppasamy

2. Muthumari ... Petitioners / Accused Nos.1 and 2 Vs.

1. The Additional Superintendent of Police, Aruppukottai, Virudhunagar District.

2. The Inspector of Police, All Women Police Station, Virudhunagar District.

Crime No.27/2022.

... Respondents / Complainant

3. Velkani ... Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Learned Sessions Judge (PCR), Srivilliputhur, Cases under SC/ST(POA) Act, Srivilliputhur, Virudhunagar, to consider their bail petition on the same day upon their surrender before the said court and enlarge them on bail on the same day in Crime No.27 of 2022 on the file of the second respondent Police.

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For Petitioners : Mr. Manikandan.P For R1 and R2 : Mr. Antony Sahaya Prabahar.E 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), Srivilliputhur, Virudhunagar, to consider their bail petition on the same day upon their surrender before the said court and enlarge them on bail on the same day in Crime No.27 of 2022 on the file of the second respondent Police.

2.The petitioners are the accused persons in Crime No. 27/2022 on the file of the 2nd respondent police for the offences punishable under Section 376, 417, 313, 506(i) of IPC and Sections 3(1)(w)(i), 3(2)(vs) 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 the petitioners were arrested and remanded on 13.12.2022. 2/4

4.Considering the limited overt act attributed against the petitioners and also facts and circumstances of this 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), Srivilliputhur, Virudhunagar, 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), Srivilliputhur, Virudhunagar,

2. The Additional Superintendent of Police, Aruppukottai, Virudhunagar District.

2. The Inspector of Police, All Women Police Station, Virudhunagar District.

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

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