Madras High CourtCRL OP(MD)/19903/2023disposed of

Surya v. The Deputy Superintendent Of Police

2023-11-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Surya 2.Thavamani ... Petitioners/Accused Nos.1 and 2 Vs.

1.The Deputy Superintendent of Police, Ponnamaravathy, Pudukkottai District.

2.The Inspector of Police, Panayapatty Police Station, (Crime No.82 of 2023) Pudukkottai District.

3.Singaram ... Respondents 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 SC/ST offences, Pudukkottai, to accept the surrender of petitioner and consider his bail application on merits on the same day in connection with the Crime No.82 of 2023 on the file of the second respondent. For Petitioners : Mr.N.Palaniyandi For Respondents : Mr.M.Vaikkam Karunanithi for R1 & R2 Government Advocate (Crl. Side) 1/4

O R D E R This petition has been filed to direct the learned Sessions Judge, Special Court for exclusive trial of SC/ST offences, Pudukkottai, to consider the bail application of the petitioners on the same day of his surrender before that Court in connection with Crime No.82 of 2023 on the file of the second respondent.

2.The petitioners are accused Nos.1 and 2, in Crime No.82 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 341, 354, 506(2) of IPC r/w 3(1)(r), 3(1)(s), 3(1) (y), 3(2)(va) of SC/ ST (Prevention of Atrocities) Amendment Act, 2015. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted that no injury has been sustained by anybody. No previous case is pending against the petitioners.

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 2/4

learned Sessions Judge, Special Court for exclusive trial of SC/ST offences, Pudukkottai, 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 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.

07.11.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No pnn 3/4

G.ILANGOVAN. J.

pnn To 1.The Sessions Judge, Special Court for exclusive trial of SC/ST offences, Pudukkottai.

2.The Deputy Superintendent of Police, Ponnamaravathy, Pudukkottai District.

3.The Inspector of Police, Panayapatty Police Station, (Crime No.82 of 2023) Pudukkottai District.

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

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