Madras High CourtCRL OP(MD)/20371/2023disposed of

Ilayaraja 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.Ilayaraja 2.Jeyabalan 3.Rasiya ... Petitioner Vs.

1.The Deputy Superintendent of Police, Andipatti Sub-Division, Andipatti, Theni District.

2.The Sub-Inspector of Police, Kanavilakku Police Station, Theni, Theni District.

3.Pandiammal

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, To direct the Learned Principal and District Sessions Judge and (Special Court for SC and ST (POA) Act, 1989 (amended) 2015 Theni to accept the surrender of the petitioners and consider their bail application and grant bail on the same date of surrender itself in connection with the case in Crime No.218 of 2023 registered on 04.11.2023 on the file of the second respondent police. For Petitioner : Mr.C.Jeganathan 1/5

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

ORDER

This petition has been filed to direct the Learned Principal and District Sessions Judge and (Special Court for SC and ST (POA) Act, 1989 (amended) 2015 Theni to accept the surrender of the petitioners and consider their bail application and grant bail on the same date of surrender itself in connection with the case in Crime No.218 of 2023 registered on 04.11.2023 on the file of the second respondent police. 2.The petitioners are the accused persons in Crime No.218 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 427 and 506(i) of IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Prevention of Atrocities Amended 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 Principal and District Sessions Judge and (Special Court for SC and ST (POA) Act, 1989 (amended) 2015 Theni, 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 Principal and District Sessions Judge and (Special Court for SC and ST (POA) Act, 1989 (amended) 2015, Theni 2.The Deputy Superintendent of Police, Andipatti Sub-Division, Andipatti, Theni District.

3.The Sub-Inspector of Police, Kanavilakku Police Station, Theni, Theni District.

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

4/5

G.ILANGOVAN ,J.

VSG 10.11.2023 5/5