Madras High CourtCRL OP(MD)/20339/2023disposed of

S.Ratha v. The Deputy Superintendent Of Police

2023-11-10Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.S.Ratha 2.Sathaiya 3.Lenin ... Petitioners Vs.

1.The Deputy Superintendent of Police, Kottaipattinam Sub-Division, Pudukkottai District.

2.State rep. by The Inspector of Police, Jegathapattinam Police Station, Pudukkottai District.

(Crime No.92/2023) 3.Palsamy

...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 SC/ST POA Act Cases, Pudukkottai to accept the surrender of the Petitioners and consider their bail application on the same day on merits in relating to Crime No.92/2023 dt.04.11.2023. For Petitioner : Mr.V.S.Kumara Guru 1/5

For R1 & R2 : Mr.M.Vaikkam karunanithi Government Advocate (Crl.side)

ORDER

This petition has been filed to direct the Learned Special Court for the Exclusive Trial of SC/ST POA Act Cases, Pudukkottai to accept the surrender of the Petitioners and consider their bail application on the same day on merits in relating to Crime No.92/2023 dt.04.11.2023 2.The petitioners are the accused persons in Crime No.92 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 506(i) and 323 of IPC and Section 3(1)(r), 3(1)(s) and 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 anyone and no previous case against the petitioners.

2/5

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 Learned Special Court for the Exclusive Trial of SC/ST POA Act Cases, 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 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.

10.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG 3/5

To 1.The Learned Special Court for the Exclusive Trial of SC/ST POA Act Cases, Pudukkottai.

2.The Deputy Superintendent of Police, Kottaipattinam Sub-Division, Pudukkottai District.

3.The Inspector of Police, Jegathapattinam Police Station, Pudukkottai District.

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

4/5

G.ILANGOVAN ,J.

VSG 10.11.2023 5/5